Sub. H. B. No. 2 As Passed by the Senate

As Passed by the Senate

127th General Assembly

Regular Session

2007-2008

Sub. H. B. No. 2

Representative Webster

Cosponsors: Representatives Garrison, Luckie, Lundy, Dyer, Heard, Brady, Celeste, Adams, Williams, B., Sykes, Okey, Bacon, Beatty, Blessing, Bolon, Book, Boyd, Brown, Budish, Carano, Combs, DeBose, DeGeeter, Distel, Domenick, Driehaus, Fende, Flowers, Foley, Gibbs, Hagan, R., Harwood, Hughes, Koziura, Letson, Mallory, McGregor, J., Miller, Oelslager, Otterman, Sayre, Schindel, Stewart, D., Uecker, Ujvagi, White, Williams, S., Wolpert, Yates, Yuko
Senators Padgett, Roberts, Morano, Sawyer, Jacobson, Mumper, Gardner, Cates, Cafaro, Carey, Clancy, Fedor, Kearney, Mason, Miller, D., Spada, Goodman, Stivers, Boccieri, Wilson, Miller, R., Schaffer, Grendell, Harris, Smith, Schuring

A BILL

To amend sections 3333.01, 3333.02, 3333.021, 1
3333.03, 3333.04, 3333.041, 3333.042, 3333.043, 2
3333.044, 3333.045, 3333.046, 3333.047, 3333.05, 3
3333.06, 3333.07, 3333.071, 3333.072, 3333.08, 4
3333.09, 3333.10, 3333.11, 3333.12, 3333.121, 5
3333.122, 3333.123, 3333.13, 3333.14, 3333.15, 6
3333.16, 3333.161, 3333.162, 3333.163, 3333.17, 7
3333.18, 3333.19, 3333.20, 3333.21, 3333.22, 8
3333.23, 3333.25, 3333.26, 3333.27, 3333.28, 9
3333.29, 3333.31, 3333.33, 3333.34, 3333.35, 10
3333.36, 3333.37, 3333.372, 3333.373, 3333.374, 11
3333.375, and 3333.38 and to enact sections 12
3333.031 and 3333.032 of the Revised Code to 13
transfer appointment of the Chancellor of the Ohio 14
Board of Regents to the Governor with the advice 15
and consent of the Senate, to make the Board of 16
Regents an advisory board to the Chancellor, to 17
transfer the Board's duties and powers to the 18
Chancellor, to shorten the terms of the Board's 19
members, and to declare an emergency. 20

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3333.01, 3333.02, 3333.021, 21
3333.03, 3333.04, 3333.041, 3333.042, 3333.043, 3333.044, 22
3333.045, 3333.046, 3333.047, 3333.05, 3333.06, 3333.07, 3333.071, 23
3333.072, 3333.08, 3333.09, 3333.10, 3333.11, 3333.12, 3333.121, 24
3333.122, 3333.123, 3333.13, 3333.14, 3333.15, 3333.16, 3333.161, 25
3333.162, 3333.163, 3333.17, 3333.18, 3333.19, 3333.20, 3333.21, 26
3333.22, 3333.23, 3333.25, 3333.26, 3333.27, 3333.28, 3333.29, 27
3333.31, 3333.33, 3333.34, 3333.35, 3333.36, 3333.37, 3333.372, 28
3333.373, 3333.374, 3333.375, and 3333.38 be amended and sections 29
3333.031 and 3333.032 of the Revised Code be enacted to read as 30
follows: 31

       Sec. 3333.01. (A) There is hereby created the Ohio board of 32
regents ~~consisting~~as an advisory board to the chancellor 33
appointed under section 3333.03 of the Revised Code. The board 34
shall consist of nine members to be appointed by the governor with 35
the advice and consent of the senate. The members shall be 36
residents of this state who possess an interest in and knowledge 37
of higher education. No member shall be a trustee, officer, or 38
employee of any Ohio public or private college or university while 39
serving as a member of the board. In addition to the members 40
appointed by the governor, the ~~chairman~~chairperson of the 41
education committee of the senate and the ~~chairman~~chairperson of 42
the education committee of the house of representatives shall, 43
after January 1, 1967, be ex officio members of the board without 44
a vote. 45

       ~~Terms~~(B) Prior to September 20, 2008, terms of office shall 46
be for nine years, commencing on the twenty-first day of September 47
and ending on the twentieth day of September. ~~Each~~ 48

       (C) Beginning on September 20, 2008, the terms of office for 49
the members of the board of regents shall be as follows: 50

       (1) The terms of office of the three members whose terms 51
under division (B) of this section are scheduled to expire on 52
September 20, 2008, shall expire on September 20, 2008. The 53
governor, with the advice and consent of the senate, shall appoint 54
successors for terms beginning on September 21, 2008, and ending 55
on September 20, 2014. 56

       (2) Notwithstanding division (B) of this section, the terms 57
of office of the three members whose terms under division (B) of 58
this section otherwise are scheduled to expire on September 20, 59
2011, shall expire on September 20, 2010. The governor, with the 60
advice and consent of the senate, shall appoint successors for 61
terms beginning on September 21, 2010, and ending on September 20, 62
2016. 63

       (3) Notwithstanding division (B) of this section, the terms 64
of office of the three members whose terms under division (B) of 65
this section otherwise are scheduled to expire on September 20, 66
2014, shall expire on September 20, 2012. The governor, with the 67
advice and consent of the senate, shall appoint successors for 68
terms beginning on September 21, 2012, and ending on September 20, 69
2018. 70

       Thereafter, the terms of office of all subsequent members of 71
the board of regents shall be for six years beginning on the 72
twenty-first day of September and ending on the twentieth day of 73
September. 74

       (D) Except as provided in division (C) of this section, each 75
member shall hold office from the date of ~~his~~ appointment until 76
the end of the term for which hethe member was appointed. Any 77
member appointed to fill a vacancy occurring prior to the 78
expiration of the term for which ~~his~~the member's predecessor was 79
appointed shall hold office for the remainder of such term. Any 80
member shall continue in office subsequent to the expiration date 81
of ~~his~~the member's term until ~~his~~a successor takes office, or 82
until a period of sixty days has elapsed, whichever occurs first. 83

       No person who has served a full nine-year term under division 84
(B) of this section or two full six-year terms under division (C) 85
of this section shall be eligible for reappointment. 86

       (E) Board members shall serve without compensation, but shall 87
be reimbursed for necessary expenses incurred in the conduct of 88
board business. 89

       Sec. 3333.02. The Ohio board of regents shall hold its first 90
meeting at the call of the governor, within three months after all 91
members have been appointed and qualified. Meetings thereafter 92
shall be called in such manner and at such times as prescribed by 93
~~rules~~standards adopted by the board, but the board shall meet at 94
least ~~four times annually~~quarterly. A majority of the board 95
constitutes a quorum. At its first meeting, the board shall 96
organize by selecting a chairperson, a vice-chairperson, and a 97
secretary, and such other officers as it deems necessary. The 98
board shall adopt ~~rules~~standards for the conduct of its business, 99
and to provide for the term and election of officers, and shall 100
establish an office in Columbus. The ~~rules~~standards shall permit 101
the formation of a quorum and the taking of votes at meetings 102
conducted by interactive video teleconference if provisions are 103
made for public attendance at any location involved in such a 104
teleconference. 105

       A record shall be kept of board proceedings, which shall be 106
open for public inspection. The board shall adopt a seal to be 107
affixed to official documents. Each member of the board, before 108
entering on official duties and after qualifying for office, shall 109
take and subscribe to an oath of office, to uphold the 110
constitution and laws of the United States and this state, and to 111
perform the duties of office honestly, faithfully, and 112
impartially. 113

       Sec. 3333.021. As used in this section, "university" means 114
any college or university that receives a state appropriation. 115

       (A) This division does not apply to proposed rules, 116
amendments, or rescissions subject to review under division (I) of 117
section 119.03 of the Revised Code. No action taken by the 118
chancellor of the Ohio board of regents that could reasonably be 119
expected to have an effect on the revenue or expenditures of any 120
university shall take effect unless at least two weeks prior to 121
the date on which the action is taken, the ~~board~~chancellor has 122
filed with the speaker of the house of representatives, the 123
president of the senate, the legislative budget office of the 124
legislative service commission, and the director of budget and 125
management a fiscal analysis of the proposed action. The analysis 126
shall include an estimate of the amount by which, during the 127
current and ensuing fiscal biennium, the action would increase or 128
decrease the university's revenues or expenditures and increase or 129
decrease any state expenditures and any other information the 130
~~board~~chancellor considers necessary to explain the action's 131
fiscal effect. 132

       (B) Within three days of the date the ~~board of regents~~ 133
chancellor files with the clerk of the senate a proposed rule, 134
amendment, or rescission that is subject to review and 135
invalidation under division (I) of section 119.03 of the Revised 136
Code, itthe chancellor shall file with the speaker of the house, 137
the president of the senate, the legislative budget office of the 138
legislative service commission, and the director of budget and 139
management a fiscal analysis of the proposed rule. The analysis 140
shall include an estimate of the amount by which, during the 141
current and ensuing fiscal biennium, the action would increase or 142
decrease any university's revenues or expenditures and increase or 143
decrease state revenues or expenditures and any other information 144
the ~~board~~chancellor considers necessary to explain the fiscal 145
effect of the rule, amendment, or rescission. No rule, amendment, 146
or rescission shall take effect unless the ~~board~~chancellor has 147
complied with this division. 148

       Sec. 3333.03. (A) The ~~Ohio board of regents~~governor, with 149
the advice and consent of the senate, shall appoint athe 150
chancellor ~~to serve at its pleasure and~~of the Ohio board of 151
regents. The governor may remove the chancellor in accordance with 152
section 3.04 of the Revised Code, except that the removal shall 153
not require the advice and consent of the senate. The governor 154
shall prescribe the chancellor's duties in addition to the 155
chancellor's duties prescribed by law. In no case shall the 156
chancellor assume any duties prescribed by the governor or law 157
until the senate has consented to the chancellor's appointment. 158
The ~~board~~governor shall fix the compensation for the chancellor. 159
The chancellor shall be a member of the governor's cabinet. 160

       (B) The term of office of the chancellor shall be five years. 161
Any person appointed chancellor to fill a vacancy occurring prior 162
to the expiration of the term for which the predecessor was 163
appointed shall hold office for the remainder of that term. Any 164
vacancy in the office shall be filled within sixty days after the 165
vacancy occurs. Each chancellor shall continue in office 166
subsequent to the expiration date of the term for which the 167
chancellor was appointed until a successor takes office, or until 168
a period of sixty days has elapsed, whichever occurs first. The 169
chancellor may be reappointed. 170

       (C) The chancellor ~~is the administrative officer of the~~ 171
~~board, and~~ is responsible for appointing and fixing the 172
compensation of all professional, administrative, and clerical 173
employees and staff members necessary to assist ~~the board and the~~ 174
~~chancellor~~ in the performance of ~~their~~the chancellor's duties. 175
All employees and staff shall serve at the chancellor's pleasure. 176

       (D) The chancellor shall be a person qualified by training 177
and experience to understand the problems and needs of the state 178
in the field of higher education and to devise programs, plans, 179
and methods of solving the problems and meeting the needs. 180

       ~~(C)~~(E) Neither the chancellor nor any staff member or 181
employee of the ~~board~~chancellor shall be a trustee, officer, or 182
employee of any public or private college or university while 183
serving ~~on the board~~as chancellor, staff member, or employee. 184

       Sec. 3333.031. Whenever the term "Ohio board of regents" is 185
used, referred to, or designated in any statute, rule, contract, 186
grant, or other document, the use, reference, or designation shall 187
be construed to mean the "chancellor of the Ohio board of 188
regents," except in sections 3333.01, 3333.011, 3333.02, and 189
3333.032 of the Revised Code or unless the use, reference, or 190
designation of the term "Ohio board of regents" relates to the 191
board's duties to give advice to the chancellor of the Ohio board 192
of regents or unless another section of law expressly provides 193
otherwise. 194

       Sec. 3333.032. The Ohio board of regents shall submit to the 195
general assembly, in accordance with division (B) of section 196
101.68 of the Revised Code, and to the governor, an annual report 197
on the condition of higher education in this state, including the 198
performance of the chancellor of the board. 199

       Sec. 3333.04. The chancellor of the Ohio board of regents 200
shall: 201

       (A) Make studies of state policy in the field of higher 202
education and formulate a master plan for higher education for the 203
state, considering the needs of the people, the needs of the 204
state, and the role of individual public and private institutions 205
within the state in fulfilling these needs; 206

       (B)(1) Report annually to the governor and the general 207
assembly on the findings from ~~its~~the chancellor's studies and the 208
master plan for higher education for the state; 209

       (2) Report at least semiannually to the general assembly and 210
the governor the enrollment numbers at each state-assisted 211
institution of higher education. 212

       (C) Approve or disapprove the establishment of new branches 213
or academic centers of state colleges and universities; 214

       (D) Approve or disapprove the establishment of state 215
technical colleges or any other state institution of higher 216
education; 217

       (E) Recommend the nature of the programs, undergraduate, 218
graduate, professional, state-financed research, and public 219
services which should be offered by the state colleges, 220
universities, and other state-assisted institutions of higher 221
education in order to utilize to the best advantage their 222
facilities and personnel; 223

       (F) Recommend to the state colleges, universities, and other 224
state-assisted institutions of higher education graduate or 225
professional programs, including, but not limited to, doctor of 226
philosophy, doctor of education, and juris doctor programs, that 227
could be eliminated because they constitute unnecessary 228
duplication, as shall be determined using the process developed 229
pursuant to this ~~section~~division, or for other good and 230
sufficient cause. ~~For~~Prior to recommending a program for 231
elimination, the chancellor shall request the board of regents to 232
hold at least one public hearing on the matter and advise the 233
chancellor on whether the program should be recommended for 234
elimination. The board shall provide notice of each hearing within 235
a reasonable amount of time prior to its scheduled date. Following 236
the hearing, the board shall issue a recommendation to the 237
chancellor. The chancellor shall consider the board's 238
recommendation but shall not be required to accept it. 239

       For purposes of determining the amounts of any state 240
instructional subsidies paid to ~~these~~state colleges, 241
universities, and other state-assisted institutions of higher 242
education, the ~~board~~chancellor may exclude students enrolled in 243
any program that the ~~board~~chancellor has recommended for 244
elimination pursuant to this division except that the ~~board~~ 245
chancellor shall not exclude any such student who enrolled in the 246
program prior to the date on which the ~~board~~chancellor initially 247
commences to exclude students under this division. ~~The board of~~ 248
~~regents~~ 249

       The chancellor and ~~these~~state colleges, universities, and 250
other state-assisted institutions of higher education shall 251
jointly develop a process for determining which existing graduate 252
or professional programs constitute unnecessary duplication. 253

       (G) Recommend to the state colleges, universities, and other 254
state-assisted institutions of higher education programs which 255
should be added to their present programs; 256

       (H) Conduct studies for the state colleges, universities, and 257
other state-assisted institutions of higher education to assist 258
them in making the best and most efficient use of their existing 259
facilities and personnel; 260

       (I) Make recommendations to the governor and general assembly 261
concerning the development of state-financed capital plans for 262
higher education; the establishment of new state colleges, 263
universities, and other state-assisted institutions of higher 264
education; and the establishment of new programs at the existing 265
state colleges, universities, and other institutions of higher 266
education; 267

       (J) Review the appropriation requests of the public community 268
colleges and the state colleges and universities and submit to the 269
office of budget and management and to the chairpersons of the 270
finance committees of the house of representatives and of the 271
senate ~~its~~the chancellor's recommendations in regard to the 272
biennial higher education appropriation for the state, including 273
appropriations for the individual state colleges and universities 274
and public community colleges. For the purpose of determining the 275
amounts of instructional subsidies to be paid to state-assisted 276
colleges and universities, the ~~board~~chancellor shall define 277
"full-time equivalent student" by program per academic year. The 278
definition may take into account the establishment of minimum 279
enrollment levels in technical education programs below which 280
support allowances will not be paid. Except as otherwise provided 281
in this section, the ~~board~~chancellor shall make no change in the 282
definition of "full-time equivalent student" in effect on November 283
15, 1981, which would increase or decrease the number of 284
subsidy-eligible full-time equivalent students, without first 285
submitting a fiscal impact statement to the president of the 286
senate, the speaker of the house of representatives, the 287
legislative service commission, and the director of budget and 288
management. The ~~board~~chancellor shall work in close cooperation 289
with the director of budget and management in this respect and in 290
all other matters concerning the expenditures of appropriated 291
funds by state colleges, universities, and other institutions of 292
higher education. 293

       (K) Seek the cooperation and advice of the officers and 294
trustees of both public and private colleges, universities, and 295
other institutions of higher education in the state in performing 296
~~its~~the chancellor's duties and making ~~its~~the chancellor's plans, 297
studies, and recommendations; 298

       (L) Appoint advisory committees consisting of persons 299
associated with public or private secondary schools, members of 300
the state board of education, or personnel of the state department 301
of education; 302

       (M) Appoint advisory committees consisting of college and 303
university personnel, or other persons knowledgeable in the field 304
of higher education, or both, in order to obtain their advice and 305
assistance in defining and suggesting solutions for the problems 306
and needs of higher education in this state; 307

       (N) Approve or disapprove all new degrees and new degree 308
programs at all state colleges, universities, and other 309
state-assisted institutions of higher education; 310

       (O) Adopt such rules as are necessary to carry out ~~its~~the 311
chancellor's duties and responsibilities;. The rules shall 312
prescribe procedures for the chancellor to follow when taking 313
actions associated with the chancellor's duties and 314
responsibilities and shall indicate which types of actions are 315
subject to those procedures. The procedures adopted under this 316
division shall be in addition to any other procedures prescribed 317
by law for such actions. However, if any other provision of the 318
Revised Code or rule adopted by the chancellor prescribes 319
different procedures for such an action, the procedures adopted 320
under this division shall not apply to that action to the extent 321
they conflict with the procedures otherwise prescribed by law. The 322
procedures adopted under this division shall include at least the 323
following: 324

        (1) Provision for public notice of the proposed action; 325

        (2) An opportunity for public comment on the proposed action, 326
which may include a public hearing on the action by the board of 327
regents; 328

        (3) Methods for parties that may be affected by the proposed 329
action to submit comments during the public comment period; 330

        (4) Submission of recommendations from the board of regents 331
regarding the proposed action, at the request of the chancellor; 332

        (5) Written publication of the final action taken by the 333
chancellor and the chancellor's rationale for the action; 334

        (6) A timeline for the process described in divisions (O)(1) 335
to (5) of this section. 336

       (P) Establish and submit to the governor and the general 337
assembly a clear and measurable set of goals and timetables for 338
their achievement for each program under the chancellor's 339
supervision ~~of the board~~ that is designed to accomplish any of the 340
following: 341

       (1) Increased access to higher education; 342

       (2) Job training; 343

       (3) Adult literacy; 344

       (4) Research; 345

       (5) Excellence in higher education; 346

       (6) Reduction in the number of graduate programs within the 347
same subject area. 348

       In July of each odd-numbered year, the ~~board of regents~~ 349
chancellor shall submit to the governor and the general assembly a 350
report on progress made toward these goals. 351

       (Q) Make recommendations to the governor and the general 352
assembly regarding the design and funding of the student financial 353
aid programs specified in sections 3333.12, 3333.122, 3333.21 to 354
3333.27, and 5910.02 of the Revised Code; 355

       (R) Participate in education-related state or federal 356
programs on behalf of the state and assume responsibility for the 357
administration of such programs in accordance with applicable 358
state or federal law; 359

       (S) Adopt rules for student financial aid programs as 360
required by sections 3333.12, 3333.122, 3333.21 to 3333.27, 361
3333.28, 3333.29, and 5910.02 of the Revised Code, and perform any 362
other administrative functions assigned to the ~~board~~chancellor by 363
those sections; 364

       (T) Administer contracts under sections 3702.74 and 3702.75 365
of the Revised Code in accordance with rules adopted by the 366
director of health under section 3702.79 of the Revised Code; 367

       (U) Conduct enrollment audits of state-supported institutions 368
of higher education; 369

       (V) Appoint consortiums of college and university personnel 370
to participate in the development and operation of statewide 371
collaborative efforts, including the Ohio supercomputer center, 372
the Ohio academic resources network, OhioLink, and the Ohio 373
learning network. For each consortium, the ~~board~~chancellor shall 374
designate a college or university to serve as that consortium's 375
fiscal agent, financial officer, and employer. Any funds 376
appropriated ~~to the board~~ for the consortiums shall be distributed 377
to the fiscal agents for the operation of the consortiums. A 378
consortium shall follow the rules of the college or university 379
that serves as its fiscal agent. 380

       (W) Adopt rules establishing advisory duties and 381
responsibilities of the board of regents not otherwise prescribed 382
by law; 383

        (X) Respond to requests for information about higher 384
education from members of the general assembly and direct staff to 385
conduct research or analysis as needed for this purpose. 386

       Sec. 3333.041. On or before the last day of December of each 387
year, the chancellor of the Ohio board of regents shall submit a 388
report to the general assembly, the state board of education, and 389
the board of education of each city, exempted village, and local 390
school district on the status of graduates of Ohio school 391
districts at state-assisted colleges or universities during the 392
twelve-month period ending on the thirtieth day of September of 393
the current calendar year. The report shall list, by school 394
district, the number of graduates of each school district who 395
attended such a college or university and the percentage of each 396
district's graduates enrolled in such a college or university 397
during the reporting period who were required during such period 398
by the college or university, as a prerequisite to enrolling in 399
those courses generally required for first-year students, to 400
enroll in a remedial course in English, including composition or 401
reading, mathematics, and any other area designated by the board. 402

       Each state-assisted college and university shall, by the 403
first day of November of each year, submit to the ~~board~~chancellor 404
in the form specified by the ~~board~~chancellor the information the 405
~~board~~chancellor requires to compile ~~its~~the report. 406

       As used in this section, "state-assisted college or 407
university" means a state university or college as defined in 408
division (A)(1) of section 3345.12 of the Revised Code, community 409
colleges, state community colleges, university branches, and 410
technical colleges. 411

       Sec. 3333.042. The chancellor of the Ohio board of regents 412
may grant money to a nonprofit entity that provides a statewide 413
resource for aerospace research, education, and technology, so 414
long as the nonprofit entity makes its resources accessible to 415
state colleges and universities and to agencies of this and other 416
states and the United States. The ~~board~~chancellor, by rule 417
adopted in accordance with Chapter 119. of the Revised Code, shall 418
establish procedures and forms whereby nonprofit entities may 419
apply for grants; standards and procedures for reviewing 420
applications for and awarding grants; procedures for distributing 421
grants to recipients; procedures for monitoring the use of grants 422
by recipients; requirements, procedures, and forms whereby grant 423
recipients shall report upon their use of grants; and standards 424
and procedures for terminating and requiring repayment of grants 425
in the event of their improper use. 426

       A state college or university or a private institution exempt 427
from regulation under Chapter 3332. of the Revised Code as 428
prescribed in section 3333.046 of the Revised Code and any agency 429
of state government may provide assistance, in any form, to any 430
nonprofit entity that receives a grant under this section. Such 431
assistance shall be solely for the purpose of assisting the 432
nonprofit entity in making proper use of the grant. 433

       A nonprofit entity that expends a grant under this section 434
for a capital project is not thereby subject to Chapter 123. or 435
153. of the Revised Code. An officer or employee of, or a person 436
who serves on a governing or advisory board or committee of, a 437
nonprofit entity that receives a grant under this section is not 438
thereby an officer or employee of a state college or university or 439
of the state. An officer or employee of a state college or 440
university or of the state who is assigned to assist a nonprofit 441
entity in making proper use of a grant does not, to the extent the 442
officer or employee provides such assistance, thereby hold an 443
incompatible office or employment, or have a direct or indirect 444
interest in a contract or expenditure of the entity. 445

       Sec. 3333.043. (A) As used in this section: 446

       (1) "Institution of higher education" means the state 447
universities listed in section 3345.011 of the Revised Code, 448
municipal educational institutions established under Chapter 3349. 449
of the Revised Code, community colleges established under Chapter 450
3354. of the Revised Code, university branches established under 451
Chapter 3355. of the Revised Code, technical colleges established 452
under Chapter 3357. of the Revised Code, state community colleges 453
established under Chapter 3358. of the Revised Code, any 454
institution of higher education with a certificate of registration 455
from the state board of career colleges and schools, and any 456
institution for which the chancellor of the Ohio board of regents 457
receives a notice pursuant to division (C) of this section. 458

       (2) "Community service" has the same meaning as in section 459
3313.605 of the Revised Code. 460

       (B)(1) The board of trustees or other governing entity of 461
each institution of higher education shall encourage and promote 462
participation of students in community service through a program 463
appropriate to the mission, student population, and environment of 464
each institution. The program may include, but not be limited to, 465
providing information about community service opportunities during 466
student orientation or in student publications; providing awards 467
for exemplary community service; encouraging faculty members to 468
incorporate community service into students' academic experiences 469
wherever appropriate to the curriculum; encouraging recognized 470
student organizations to undertake community service projects as 471
part of their purposes; and establishing advisory committees of 472
students, faculty members, and community and business leaders to 473
develop cooperative programs that benefit the community and 474
enhance student experience. The program shall be flexible in 475
design so as to permit participation by the greatest possible 476
number of students, including part-time students and students for 477
whom participation may be difficult due to financial, academic, 478
personal, or other considerations. The program shall emphasize 479
community service opportunities that can most effectively use the 480
skills of students, such as tutoring or literacy programs. The 481
programs shall encourage students to perform services that will 482
not supplant the hiring of, result in the displacement of, or 483
impair any existing employment contracts of any particular 484
employee of any private or governmental entity for which services 485
are performed. 486

       (2) The chancellor of the Ohio board of regents shall 487
encourage all institutions of higher education in the development 488
of community service programs. With the assistance of the Ohio 489
community service council created in section 121.40 of the Revised 490
Code, the ~~board of regents~~chancellor shall make available 491
information about higher education community service programs to 492
institutions of higher education and to statewide organizations 493
involved with or promoting volunteerism, including information 494
about model community service programs, teacher training courses, 495
and community service curricula and teaching materials for 496
possible use by institutions of higher education in their 497
programs. The ~~board~~chancellor shall encourage institutions of 498
higher education to jointly coordinate higher education community 499
service programs through consortia of institutions or other 500
appropriate means of coordination. 501

       (C) The board of trustees of any nonprofit institution with a 502
certificate of authorization issued ~~by the Ohio board of regents~~ 503
pursuant to Chapter 1713. of the Revised Code or the governing 504
authority of a private institution exempt from regulation under 505
Chapter 3332. of the Revised Code as prescribed in section 506
3333.046 of the Revised Code may notify the ~~board of regents~~ 507
chancellor that it is making itself subject to divisions (A) and 508
(B) of this section. Upon receipt of such a notice, these 509
divisions shall apply to that institution. 510

       Sec. 3333.044. (A) The chancellor of the Ohio board of 511
regents may contract with any consultants that are necessary for 512
the discharge of the ~~board's~~chancellor's duties under this 513
chapter. 514

       (B) The ~~Ohio board of regents~~chancellor may purchase, upon 515
the terms that the ~~board~~chancellor determines to be advisable, 516
one or more policies of insurance from insurers authorized to do 517
business in this state that insure consultants who have contracted 518
with the ~~board~~chancellor under division (A) of this section or 519
members of an advisory committee appointed under section 3333.04 520
of the Revised Code, with respect to the activities of the 521
consultants or advisory committee members in the course of the 522
performance of their responsibilities as consultants or advisory 523
committee members. 524

       (C) Subject to the approval of the controlling board, the 525
~~Ohio board of regents~~chancellor may contract with any entities 526
for the discharge of the ~~board's~~chancellor's duties and 527
responsibilities under any of the programs established pursuant to 528
sections 3333.12, 3333.122, 3333.21 to 3333.28, 3702.71 to 529
3702.81, and 5120.55, and Chapter 5910. of the Revised Code. The 530
~~board~~chancellor shall not enter into a contract under this 531
division unless the proposed contractor demonstrates that its 532
primary purpose is to promote access to higher education by 533
providing student financial assistance through loans, grants, or 534
scholarships, and by providing high quality support services and 535
information to students and their families with regard to such 536
financial assistance. 537

       Chapter 125. of the Revised Code does not apply to contracts 538
entered into pursuant to this section. In awarding contracts under 539
this division, the ~~board~~chancellor shall consider factors such as 540
the cost of the administration of the contract, the experience of 541
the contractor, and the contractor's ability to properly execute 542
the contract. 543

       Sec. 3333.045. As used in this section, "state university or 544
college" means any state university listed in section 3345.011 of 545
the Revised Code, the northeastern Ohio universities college of 546
medicine, any community college under Chapter 3354. of the Revised 547
Code, any university branch district under Chapter 3355. of the 548
Revised Code, any technical college under Chapter 3357. of the 549
Revised Code, and any state community college under Chapter 3358. 550
of the Revised Code. 551

       The chancellor of the Ohio board of regents shall work with 552
the attorney general, the auditor of state, and the Ohio ethics 553
commission to develop a model for training members of the boards 554
of trustees of all state universities and colleges and members of 555
the board of regents regarding the authority and responsibilities 556
of a board of trustees or the board of regents. This model shall 557
include a review of fiduciary responsibilities, ethics, and fiscal 558
management. Use of this model by members of boards of trustees and 559
the board of regents shall be voluntary. 560

       This section does not apply to the three members of the board 561
of trustees of the northeastern Ohio universities college of 562
medicine who are presidents of state universities. 563

       Sec. 3333.046. Any institution authorized to grant on ~~the~~ 564
~~effective date of this section~~February 20, 2002, baccalaureate or 565
master's degrees, for which ~~the board of regents has issued~~ 566
certificates of authorization have been issued under Chapter 1713. 567
of the Revised Code; that is accredited by the appropriate 568
regional and, when appropriate, professional accrediting 569
associations within whose jurisdiction it falls; and that is 570
operated by a for-profit corporation shall cease to be subject to 571
any regulation under Chapter 3332. of the Revised Code but shall 572
continue to be subject to the provisions for approval of degree 573
programs set forth in Chapter 1713. of the Revised Code, including 574
approval of any additional associate, baccalaureate, or master's 575
degree programs offered by the institution. 576

       Sec. 3333.047. With regard to any state student financial aid 577
program established in this chapter, Chapter 5910., or section 578
5919.34 of the Revised Code, the chancellor of the Ohio board of 579
regents shall conduct audits to: 580

       (A) Determine the validity of information provided by 581
students and parents regarding eligibility for state student 582
financial aid. If the ~~board~~chancellor determines that eligibility 583
data has been reported incorrectly or inaccurately, and where the 584
~~board~~chancellor determines an adjustment to be appropriate, the 585
institution of higher education shall adjust the financial aid 586
awarded to the student. 587

        (B) Ensure that institutions of higher education are in 588
compliance with the ~~board's~~ rules governing state student 589
financial aid programs. An institution that fails to comply with 590
the ~~board's~~ rules in the administration of any state student 591
financial aid program shall be fully liable to reimburse the ~~board~~ 592
state for the unauthorized use of student financial aid funds. 593

       Sec. 3333.05. The chancellor of the Ohio board of regents 594
shall approve or disapprove proposed official plans of community 595
college districts, prepared and submitted pursuant to sections 596
3354.01 to 3354.18~~, inclusive,~~ of the Revised Code, and issue or 597
decline to issue charters for operation of community colleges, 598
pursuant to section 3354.07 of the Revised Code. 599

       The ~~board~~chancellor shall approve an official plan, and 600
issue a charter, only upon the following findings: 601

       (A) That the official plan and all past and proposed actions 602
of the community college district are in conformity to law; 603

       (B) That the proposed community college will not unreasonably 604
and wastefully duplicate existing educational services available 605
to students and prospective students residing in the community 606
college district; 607

       (C) That there is reasonable prospect of adequate current 608
operating revenue for the proposed community college from its 609
proposed opening date of operation; 610

       (D) That the proposed lands and facilities of the community 611
colleges will be adequate and efficient for the purposes of the 612
proposed community college; 613

       (E) That the proposed curricular programs defined in section 614
3354.01 of the Revised Code as "arts and sciences" and 615
"technical," or either, are the programs for which there is 616
substantial need in the territory of the district. 617

       The employment and separation of individual personnel in a 618
community college, and the establishing or abolishing of 619
individual courses of instruction, shall not be subject to the 620
specific and individual approval or disapproval of the ~~Ohio board~~ 621
~~of regents~~chancellor, but shall occur in the discretion of the 622
local management of such college within the limitations of law, 623
the official plan, and the charter of such college. 624

       Sec. 3333.06. The chancellor of the Ohio board of regents 625
shall prepare a state plan and do all other things necessary for 626
participation in federal acts relative to the construction of 627
higher educational academic facilities. 628

       Such plan shall provide for objective standards and methods 629
of determining the relative priorities for eligible projects for 630
the construction of academic facilities submitted by institutions 631
of higher education within the state and for determining the 632
federal share of the development for each such project. 633

       The ~~board~~chancellor shall provide for assigning priorities 634
in accordance with such criteria, standards, and methods to 635
eligible projects submitted to ~~the board~~ and approved by itthe 636
chancellor, shall recommend to the United States secretary of 637
education, in the order of such priority, applications covering 638
such eligible projects, and shall certify to the secretary the 639
federal share of the development cost of such projects. 640

       The ~~board~~chancellor shall provide a fair hearing to each 641
institution which has submitted a project as to the priority 642
assigned to such project by the ~~board~~chancellor or as to any 643
other determination of the ~~board~~chancellor adversely affecting 644
such institution. 645

       The ~~board~~chancellor shall receive federal grants for the 646
proper and efficient administration of the state plan, and shall 647
provide for such fiscal control and fund accounting procedures as 648
may be necessary to ensure proper disbursement of, and accounting 649
for, federal funds paid to the ~~board~~chancellor. 650

       The ~~board~~chancellor shall make such reports in such form and 651
containing such information as may be reasonably required by the 652
secretary in the performance of ~~his~~the secretary's functions 653
under federal law relating to grants for the construction of 654
academic facilities. 655

       Each federal grant received by the ~~board~~chancellor shall be 656
paid into the state treasury. 657

       Sec. 3333.07. (A) Colleges, universities, and other 658
institutions of higher education which receive state assistance, 659
but are not supported primarily by the state, shall submit to the 660
chancellor of the Ohio board of regents such accounting of the 661
expenditure of state funds at such time and in such form as the 662
~~board~~chancellor prescribes. 663

       (B) No state institution of higher education shall establish 664
a new branch or academic center without the approval of the ~~board~~ 665
chancellor. 666

       (C) No state institution of higher education shall offer a 667
new degree or establish a new degree program without the approval 668
of the ~~board~~chancellor. No degree approval shall be given for a 669
technical education program unless such program is offered by a 670
state assisted university, a university branch, a technical 671
college, or a community college. 672

       (D) Any state college, university, or other state assisted 673
institution of higher education not complying with a 674
recommendation of the ~~board~~chancellor pursuant to division (F) or 675
(G) of section 3333.04 of the Revised Code shall so notify the 676
~~board~~chancellor in writing within one hundred twenty days after 677
receipt of the recommendation, stating the reasons why it cannot 678
or should not comply. 679

       (E) The officers, trustees, and employees of all institutions 680
of higher education which are state supported or state assisted 681
shall cooperate with the ~~board~~chancellor in supplying information 682
regarding their institutions, and advising and assisting the ~~board~~ 683
chancellor on matters of higher education in this state in every 684
way possible when so requested by the ~~board~~chancellor. 685

       (F) Persons associated with the public school systems in this 686
state, personnel of the state department of education, and members 687
of the state board of education shall provide such data about high 688
school students as are requested by the ~~board of regents~~ 689
chancellor to aid in the development of state higher education 690
plans. 691

       Sec. 3333.071. Notwithstanding section 3345.16 of the 692
Revised Code, no expenditure shall be made for land for higher 693
education purposes by public institutions of higher education or 694
agents of such institutions from any fund without the approval of 695
the chancellor of the Ohio board of regents and the controlling 696
board. No state appropriation for capital improvements shall be 697
released by the controlling board for the purchase of land or 698
buildings from any organization or corporation which has been 699
established to benefit or assist the institution, except that such 700
releases may be made if the land is to be used for a currently 701
state-financed improvement. 702

       Sec. 3333.072. The chancellor of the Ohio board of regents, 703
after consulting with the state colleges and universities and with 704
the office of budget and management, shall adopt rules in 705
accordance with Chapter 119. of the Revised Code to govern the 706
allocation of state capital appropriations to state colleges and 707
universities. In drafting the rules, the ~~board~~chancellor shall 708
incorporate the recommendations of the final report of the 709
commission to study higher education debt service, issued June 28, 710
1994, as these recommendations have been utilized and modified in 711
procedures developed by the ~~board~~chancellor and the office of 712
budget and management since the report was issued. 713

       Sec. 3333.08. It is the declared policy of this state that 714
the availability of eminent domain on behalf of educational 715
institutions of higher education is in the public welfare. A 716
private college, university, or other institution of higher 717
education may therefore apply to the chancellor of the Ohio board 718
of regents for the right to appropriate property when such 719
institution is unable to agree with the owner or owners of the 720
subject property upon the price to be paid for the property. The 721
institution shall be one that any educationally qualified member 722
of the public who desires to attend has, or can acquire, a right 723
to be admitted upon equal terms without discrimination. The 724
institution shall certify to the ~~board~~chancellor, in its 725
application, that the use of the property to be appropriated is to 726
be for educational purposes, including student housing and dining 727
facilities, that reasonable efforts have been made to purchase the 728
property, and that it will be used without discrimination against 729
any person or group and be equally available to all qualified 730
persons. The institution also shall submit to the ~~board~~chancellor 731
its plans for the use of the property and such other information 732
as the ~~board~~chancellor may require. The ~~board~~chancellor may, 733
thereafter, and upon a determination that the intended use is in 734
the public interest, approve the application by resolution. Upon 735
such approval, the institution may appropriate the property in the 736
same manner as is provided for the appropriation of property in 737
Chapter 163. of the Revised Code. 738

       Sec. 3333.09. "Public university or college," as used in 739
this section, means any non-profit university or college situated 740
within this state which is open to the public on equal terms and 741
which is not affiliated with or controlled by an organization 742
which is not primarily educational in nature. Any such university 743
or college shall be considered to be serving a public purpose. 744

       The chancellor of the Ohio board of regents may, upon athe 745
chancellor's determination ~~by it~~ that such action would serve the 746
interests of higher education in this state, in terms of expansion 747
of educational opportunity in a major urban area and in terms of 748
expansion of educational service to a major urban community, 749
accept conveyances of land, situated within this state, from any 750
public university or college and enter into an agreement before or 751
after such conveyance to lease to such public university or 752
college, upon terms as may be prescribed by the ~~board of regents~~ 753
chancellor, such land together with buildings constructed thereon 754
and furniture, fixtures, and equipment therein for use as an 755
educational facility. The lease shall be for a period not to 756
exceed fifty years, renewable for a like term, and shall provide 757
that such buildings be used solely for educational purposes and 758
that the ~~Ohio board of regents~~chancellor may cancel such lease if 759
such buildings are used for other purposes. Such lease may contain 760
provisions for the sale of such property to the lessee, upon the 761
consent of the ~~Ohio board of regents~~chancellor, for a purchase 762
price not less than the actual cost to the ~~Ohio board of regents~~ 763
chancellor, less depreciation, computed at the rate customarily 764
applied to similar structures. The ~~Ohio board of regents~~ 765
chancellor, through the department of administrative services, may 766
construct, equip, or remodel buildings on lands accepted by itthe 767
chancellor in the name of the state pursuant to this section. 768
Title to lands acquired under this section shall be taken in the 769
name of the state. 770

       Responsibility for the proper use, maintenance, and repair of 771
leased buildings shall rest upon the lessee. 772

       Sec. 3333.10. (A) As used in this section: 773

       (1) "Qualified institution of higher education" or 774
"institution" means a nonprofit educational institution, holding 775
an effective certificate of authorization issued ~~by the Ohio board~~ 776
~~of regents~~ under section 1713.02 of the Revised Code, operating in 777
the state an eligible program, and admitting students without 778
discrimination by reason of race, creed, color, or national 779
origin. 780

       (2) "School of dentistry" means an accredited dental college 781
as defined under section 4715.10 of the Revised Code. 782

       (3) "Eligible program" means a medical school accredited by 783
the liaison committee on medical education or an osteopathic 784
medical school accredited by the American osteopathic association, 785
or such a school together with a school of dentistry. 786

       (B) In order to provide better for the public health and the 787
necessary enhancement of instruction in medicine and dentistry in 788
the state, and to encourage the means of such instruction with the 789
least economic cost to the people of the state, the chancellor of 790
the Ohio board of regents may enter into agreements with qualified 791
institutions of higher education providing for the continued 792
operation by the institution of eligible programs, conditioned 793
upon continued payments by the state to such institution for the 794
purposes of such eligible programs of amounts determined in the 795
manner provided for the state subsidy from time to time afforded 796
to state universities on the basis of comparable programs. Before 797
entering into such agreement, the ~~Ohio board of regents~~chancellor 798
shall determine that the institution is a qualified institution of 799
higher education as defined in division (A) of this section, and 800
that the operation of such eligible programs as provided for in 801
such agreement and such payments will contribute to the objectives 802
stated in this section and to the objectives of the master plan of 803
higher education formulated under section 3333.04 of the Revised 804
Code. 805

       (C) Agreements under this section shall contain provisions to 806
the effect that: 807

       (1) The institution shall submit to the ~~Ohio board of regents~~ 808
chancellor accountings for the expenditure of state payments in 809
the manner and at the times as are requested for state-assisted 810
institutions of higher education pursuant to division (A) of 811
section 3333.07 of the Revised Code. 812

       (2) The institution shall notify the ~~Ohio board of regents~~ 813
chancellor in the manner provided for state-assisted institutions 814
under division (D) of section 3333.07 of the Revised Code with 815
regard to program recommendations by the ~~Ohio board of regents~~ 816
chancellor in the nature of those provided for in divisions (F) 817
and (G) of section 3333.04 of the Revised Code. 818

       (3) The agreement shall terminate if the institution ceases 819
to be a qualified institution of higher education as determined by 820
the ~~Ohio board of regents~~chancellor in accordance with Chapter 821
119. of the Revised Code. 822

       (D) Agreements under this section may make further provision 823
for any one or more of the following as the parties determine: 824

       (1) The duration of any such agreement, or additional 825
provision for terminating the agreement; 826

       (2) Additional conditions for the effectiveness or continued 827
effectiveness of such agreement; 828

       (3) Procedures for the amendment or supplementation of the 829
agreement, including designation of the parties to approve or 830
execute such amendments or supplements; 831

       (4) Such other provisions as may be deemed necessary or 832
appropriate. 833

       (E) In case any provision or part of this section or any 834
provision, agreement, covenant, stipulation, obligation, act or 835
action, or part thereof, made, assumed, or taken under or pursuant 836
to this section, or any application thereof, is for any reason 837
held to be illegal or invalid, such illegality or invalidity shall 838
not affect the remainder thereof or any other provision of this 839
section or any other provision, agreement, covenant, stipulation, 840
obligation, action, or part thereof, made, assumed, or taken under 841
or pursuant to this section, which shall be construed and enforced 842
as if such illegal or invalid portion were not contained therein, 843
nor shall such illegality or invalidity of any application thereof 844
affect any legal and valid application thereof, and each such 845
provision, agreement, covenant, stipulation, obligation, act, or 846
action, or part thereof, shall be deemed to be effective, 847
operative, made, done, or entered into in the manner and to the 848
full extent permitted by law to accomplish most nearly the 849
intention thereof. 850

       (F) No agreement shall be entered into under this section 851
with any institution which is not in compliance with section 852
3333.11 of the Revised Code. 853

       Sec. 3333.11. Each school or college of medicine supported 854
in whole or in part by the state shall create a curriculum for and 855
maintain a department of family practice, the purpose of which 856
shall be to acquaint undergraduates with and to train postgraduate 857
physicians for the practice of family medicine. The minimum 858
requirements for the department shall include courses of study in 859
family care, including clinical experience, a program of 860
preceptorships, and a program of family practice residencies in 861
university or other hospital settings. 862

       Each program of family practice shall: 863

       (A) Be designated to advance the field of family practice; 864

       (B) Educate all medical students in family practice and 865
encourage students to enter it as a career; 866

       (C) Provide students an opportunity to study family practice 867
in various situations through preceptorships, seminars, model 868
family practice units within the medical school, classroom work, 869
hospital programs, or other means; 870

       (D) Develop residency and other training programs for family 871
practice in public and private hospitals, including those in 872
nonmetropolitan areas of the state; 873

       (E) The department shall be a full department co-equal with 874
all other major clinical departments and headed by a qualified 875
experienced family practitioner serving as ~~chairman~~chairperson of 876
the department of family practice and director of the family 877
practice residency program. 878

       Funds appropriated by the general assembly in support of 879
family practice programs shall not be disbursed until the 880
chancellor of the Ohio board of regents has certified that the 881
intent and requirements of this section are being met. 882

       Sec. 3333.12. (A) As used in this section: 883

       (1) "Eligible student" means an undergraduate student who is: 884

       (a) An Ohio resident enrolled in an undergraduate program 885
before the 2006-2007 academic year; 886

       (b) Enrolled in either of the following: 887

       (i) An accredited institution of higher education in this 888
state that meets the requirements of Title VI of the Civil Rights 889
Act of 1964 and is state-assisted, is nonprofit and has a 890
certificate of authorization ~~from the Ohio board of regents~~ 891
pursuant to Chapter 1713. of the Revised Code, has a certificate 892
of registration from the state board of career colleges and 893
schools and program authorization to award an associate or 894
bachelor's degree, or is a private institution exempt from 895
regulation under Chapter 3332. of the Revised Code as prescribed 896
in section 3333.046 of the Revised Code. Students who attend an 897
institution that holds a certificate of registration shall be 898
enrolled in a program leading to an associate or bachelor's degree 899
for which associate or bachelor's degree program the institution 900
has program authorization issued under section 3332.05 of the 901
Revised Code. 902

       (ii) A technical education program of at least two years 903
duration sponsored by a private institution of higher education in 904
this state that meets the requirements of Title VI of the Civil 905
Rights Act of 1964. 906

       (c) Enrolled as a full-time student or enrolled as a less 907
than full-time student for the term expected to be the student's 908
final term of enrollment and is enrolled for the number of credit 909
hours necessary to complete the requirements of the program in 910
which the student is enrolled. 911

       (2) "Gross income" includes all taxable and nontaxable income 912
of the parents, the student, and the student's spouse, except 913
income derived from an Ohio academic scholarship, income earned by 914
the student between the last day of the spring term and the first 915
day of the fall term, and other income exclusions designated by 916
the chancellor of the Ohio board of regents. Gross income may be 917
verified to the ~~board~~chancellor by the institution in which the 918
student is enrolled using the federal financial aid eligibility 919
verification process or by other means satisfactory to the ~~board~~ 920
chancellor. 921

       (3) "Resident," "full-time student," "dependent," 922
"financially independent," and "accredited" shall be defined by 923
rules adopted by the ~~board~~chancellor. 924

       (B) The ~~Ohio board of regents~~chancellor shall establish and 925
administer an instructional grant program and may adopt rules to 926
carry out this section. The general assembly shall support the 927
instructional grant program by such sums and in such manner as it 928
may provide, but the ~~board~~chancellor may also receive funds from 929
other sources to support the program. If the amounts available for 930
support of the program are inadequate to provide grants to all 931
eligible students, preference in the payment of grants shall be 932
given in terms of income, beginning with the lowest income 933
category of gross income and proceeding upward by category to the 934
highest gross income category. 935

       An instructional grant shall be paid to an eligible student 936
through the institution in which the student is enrolled, except 937
that no instructional grant shall be paid to any person serving a 938
term of imprisonment. Applications for such grants shall be made 939
as prescribed by the ~~board~~chancellor, and such applications may 940
be made in conjunction with and upon the basis of information 941
provided in conjunction with student assistance programs funded by 942
agencies of the United States government or from financial 943
resources of the institution of higher education. The institution 944
shall certify that the student applicant meets the requirements 945
set forth in divisions (A)(1)(b) and (c) of this section. 946
Instructional grants shall be provided to an eligible student only 947
as long as the student is making appropriate progress toward a 948
nursing diploma or an associate or bachelor's degree. No student 949
shall be eligible to receive a grant for more than ten semesters, 950
fifteen quarters, or the equivalent of five academic years. A 951
grant made to an eligible student on the basis of less than 952
full-time enrollment shall be based on the number of credit hours 953
for which the student is enrolled and shall be computed in 954
accordance with a formula adopted by the ~~board~~chancellor. No 955
student shall receive more than one grant on the basis of less 956
than full-time enrollment. 957

       An instructional grant shall not exceed the total 958
instructional and general charges of the institution. 959

       (C) The tables in this division prescribe the maximum grant 960
amounts covering two semesters, three quarters, or a comparable 961
portion of one academic year. Grant amounts for additional terms 962
in the same academic year shall be determined under division (D) 963
of this section. 964

       For a full-time student who is a dependent and enrolled in a 965
nonprofit educational institution that is not a state-assisted 966
institution and that has a certificate of authorization issued 967
pursuant to Chapter 1713. of the Revised Code, the amount of the 968
instructional grant for two semesters, three quarters, or a 969
comparable portion of the academic year shall be determined in 970
accordance with the following table: 971

Private Institution 972

Table of Grants 973

Maximum Grant $5,466 974

Gross Income Number of Dependents 975

1 2 3 4 5 or more 976

$0 - $15,000 $5,466 $5,466 $5,466 $5,466 $5,466 977

$15,001 - $16,000 4,920 5,466 5,466 5,466 5,466 978

$16,001 - $17,000 4,362 4,920 5,466 5,466 5,466 979

$17,001 - $18,000 3,828 4,362 4,920 5,466 5,466 980

$18,001 - $19,000 3,288 3,828 4,362 4,920 5,466 981

$19,001 - $22,000 2,736 3,288 3,828 4,362 4,920 982

$22,001 - $25,000 2,178 2,736 3,288 3,828 4,362 983

$25,001 - $28,000 1,626 2,178 2,736 3,288 3,828 984

$28,001 - $31,000 1,344 1,626 2,178 2,736 3,288 985

$31,001 - $32,000 1,080 1,344 1,626 2,178 2,736 986

$32,001 - $33,000 984 1,080 1,344 1,626 2,178 987

$33,001 - $34,000 888 984 1,080 1,344 1,626 988

$34,001 - $35,000 444 888 984 1,080 1,344 989

$35,001 - $36,000 -- 444 888 984 1,080 990

$36,001 - $37,000 -- -- 444 888 984 991

$37,001 - $38,000 -- -- -- 444 888 992
$38,001 - $39,000 -- -- -- -- 444 993

       For a full-time student who is financially independent and 994
enrolled in a nonprofit educational institution that is not a 995
state-assisted institution and that has a certificate of 996
authorization issued pursuant to Chapter 1713. of the Revised 997
Code, the amount of the instructional grant for two semesters, 998
three quarters, or a comparable portion of the academic year shall 999
be determined in accordance with the following table: 1000

Private Institution 1001

Table of Grants 1002

Maximum Grant $5,466 1003

Gross Income Number of Dependents 1004

0 1 2 3 4 5 or more 1005

$0 - $4,800 $5,466 $5,466 $5,466 $5,466 $5,466 $5,466 1006

$4,801 - $5,300 4,920 5,466 5,466 5,466 5,466 5,466 1007

$5,301 - $5,800 4,362 5,196 5,466 5,466 5,466 5,466 1008

$5,801 - $6,300 3,828 4,914 5,196 5,466 5,466 5,466 1009

$6,301 - $6,800 3,288 4,650 4,914 5,196 5,466 5,466 1010

$6,801 - $7,300 2,736 4,380 4,650 4,914 5,196 5,466 1011

$7,301 - $8,300 2,178 4,104 4,380 4,650 4,914 5,196 1012

$8,301 - $9,300 1,626 3,822 4,104 4,380 4,650 4,914 1013

$9,301 - $10,300 1,344 3,546 3,822 4,104 4,380 4,650 1014

$10,301 - $11,800 1,080 3,408 3,546 3,822 4,104 4,380 1015

$11,801 - $13,300 984 3,276 3,408 3,546 3,822 4,104 1016

$13,301 - $14,800 888 3,228 3,276 3,408 3,546 3,822 1017

$14,801 - $16,300 444 2,904 3,228 3,276 3,408 3,546 1018

$16,301 - $19,300 -- 2,136 2,628 2,952 3,276 3,408 1019

$19,301 - $22,300 -- 1,368 1,866 2,358 2,676 3,000 1020

$22,301 - $25,300 -- 1,092 1,368 1,866 2,358 2,676 1021

$25,301 - $30,300 -- 816 1,092 1,368 1,866 2,358 1022

$30,301 - $35,300 -- 492 540 672 816 1,314 1023

       For a full-time student who is a dependent and enrolled in an 1024
educational institution that holds a certificate of registration 1025
from the state board of career colleges and schools or a private 1026
institution exempt from regulation under Chapter 3332. of the 1027
Revised Code as prescribed in section 3333.046 of the Revised 1028
Code, the amount of the instructional grant for two semesters, 1029
three quarters, or a comparable portion of the academic year shall 1030
be determined in accordance with the following table: 1031

Career Institution 1032

Table of Grants 1033

Maximum Grant $4,632 1034

Gross Income Number of Dependents 1035

1 2 3 4 5 or more 1036

$0 - $15,000 $4,632 $4,632 $4,632 $4,632 $4,632 1037

$15,001 - $16,000 4,182 4,632 4,632 4,632 4,632 1038

$16,001 - $17,000 3,684 4,182 4,632 4,632 4,632 1039

$17,001 - $18,000 3,222 3,684 4,182 4,632 4,632 1040

$18,001 - $19,000 2,790 3,222 3,684 4,182 4,632 1041

$19,001 - $22,000 2,292 2,790 3,222 3,684 4,182 1042

$22,001 - $25,000 1,854 2,292 2,790 3,222 3,684 1043

$25,001 - $28,000 1,416 1,854 2,292 2,790 3,222 1044

$28,001 - $31,000 1,134 1,416 1,854 2,292 2,790 1045

$31,001 - $32,000 906 1,134 1,416 1,854 2,292 1046

$32,001 - $33,000 852 906 1,134 1,416 1,854 1047

$33,001 - $34,000 750 852 906 1,134 1,416 1048

$34,001 - $35,000 372 750 852 906 1,134 1049

$35,001 - $36,000 -- 372 750 852 906 1050

$36,001 - $37,000 -- -- 372 750 852 1051

$37,001 - $38,000 -- -- -- 372 750 1052

$38,001 - $39,000 -- -- -- -- 372 1053

       For a full-time student who is financially independent and 1054
enrolled in an educational institution that holds a certificate of 1055
registration from the state board of career colleges and schools 1056
or a private institution exempt from regulation under Chapter 1057
3332. of the Revised Code as prescribed in section 3333.046 of the 1058
Revised Code, the amount of the instructional grant for two 1059
semesters, three quarters, or a comparable portion of the academic 1060
year shall be determined in accordance with the following table: 1061

Career Institution 1062

Table of Grants 1063

Maximum Grant $4,632 1064

Gross Income Number of Dependents 1065

0 1 2 3 4 5 or more 1066

$0 - $4,800 $4,632 $4,632 $4,632 $4,632 $4,632 $4,632 1067

$4,801 - $5,300 4,182 4,632 4,632 4,632 4,632 4,632 1068

$5,301 - $5,800 3,684 4,410 4,632 4,632 4,632 4,632 1069

$5,801 - $6,300 3,222 4,158 4,410 4,632 4,632 4,632 1070

$6,301 - $6,800 2,790 3,930 4,158 4,410 4,632 4,632 1071

$6,801 - $7,300 2,292 3,714 3,930 4,158 4,410 4,632 1072

$7,301 - $8,300 1,854 3,462 3,714 3,930 4,158 4,410 1073

$8,301 - $9,300 1,416 3,246 3,462 3,714 3,930 4,158 1074

$9,301 - $10,300 1,134 3,024 3,246 3,462 3,714 3,930 1075

$10,301 - $11,800 906 2,886 3,024 3,246 3,462 3,714 1076

$11,801 - $13,300 852 2,772 2,886 3,024 3,246 3,462 1077

$13,301 - $14,800 750 2,742 2,772 2,886 3,024 3,246 1078

$14,801 - $16,300 372 2,466 2,742 2,772 2,886 3,024 1079

$16,301 - $19,300 -- 1,800 2,220 2,520 2,772 2,886 1080

$19,301 - $22,300 -- 1,146 1,584 1,986 2,268 2,544 1081

$22,301 - $25,300 -- 930 1,146 1,584 1,986 2,268 1082

$25,301 - $30,300 -- 708 930 1,146 1,584 1,986 1083

$30,301 - $35,300 -- 426 456 570 708 1,116 1084

       For a full-time student who is a dependent and enrolled in a 1085
state-assisted educational institution, the amount of the 1086
instructional grant for two semesters, three quarters, or a 1087
comparable portion of the academic year shall be determined in 1088
accordance with the following table: 1089

Public Institution 1090

Table of Grants 1091

Maximum Grant $2,190 1092

Gross Income Number of Dependents 1093

1 2 3 4 5 or more 1094

$0 - $15,000 $2,190 $2,190 $2,190 $2,190 $2,190 1095

$15,001 - $16,000 1,974 2,190 2,190 2,190 2,190 1096

$16,001 - $17,000 1,740 1,974 2,190 2,190 2,190 1097

$17,001 - $18,000 1,542 1,740 1,974 2,190 2,190 1098

$18,001 - $19,000 1,320 1,542 1,740 1,974 2,190 1099

$19,001 - $22,000 1,080 1,320 1,542 1,740 1,974 1100

$22,001 - $25,000 864 1,080 1,320 1,542 1,740 1101

$25,001 - $28,000 648 864 1,080 1,320 1,542 1102

$28,001 - $31,000 522 648 864 1,080 1,320 1103

$31,001 - $32,000 420 522 648 864 1,080 1104

$32,001 - $33,000 384 420 522 648 864 1105

$33,001 - $34,000 354 384 420 522 648 1106

$34,001 - $35,000 174 354 384 420 522 1107

$35,001 - $36,000 -- 174 354 384 420 1108

$36,001 - $37,000 -- -- 174 354 384 1109

$37,001 - $38,000 -- -- -- 174 354 1110

$38,001 - $39,000 -- -- -- -- 174 1111

       For a full-time student who is financially independent and 1112
enrolled in a state-assisted educational institution, the amount 1113
of the instructional grant for two semesters, three quarters, or a 1114
comparable portion of the academic year shall be determined in 1115
accordance with the following table: 1116

Public Institution 1117

Table of Grants 1118

Maximum Grant $2,190 1119

Gross Income Number of Dependents 1120

0 1 2 3 4 5 or more 1121

$0 - $4,800 $2,190 $2,190 $2,190 $2,190 $2,190 $2,190 1122
$4,801 - $5,300 1,974 2,190 2,190 2,190 2,190 2,190 1123
$5,301 - $5,800 1,740 2,082 2,190 2,190 2,190 2,190 1124
$5,801 - $6,300 1,542 1,968 2,082 2,190 2,190 2,190 1125
$6,301 - $6,800 1,320 1,866 1,968 2,082 2,190 2,190 1126
$6,801 - $7,300 1,080 1,758 1,866 1,968 2,082 2,190 1127
$7,301 - $8,300 864 1,638 1,758 1,866 1,968 2,082 1128
$8,301 - $9,300 648 1,530 1,638 1,758 1,866 1,968 1129
$9,301 - $10,300 522 1,422 1,530 1,638 1,758 1,866 1130
$10,301 - $11,800 420 1,356 1,422 1,530 1,638 1,758 1131
$11,801 - $13,300 384 1,308 1,356 1,422 1,530 1,638 1132
$13,301 - $14,800 354 1,290 1,308 1,356 1,422 1,530 1133
$14,801 - $16,300 174 1,164 1,290 1,308 1,356 1,422 1134
$16,301 - $19,300 -- 858 1,050 1,182 1,308 1,356 1135
$19,301 - $22,300 -- 540 750 948 1,062 1,200 1136
$22,301 - $25,300 -- 432 540 750 948 1,062 1137
$25,301 - $30,300 -- 324 432 540 750 948 1138
$30,301 - $35,300 -- 192 210 264 324 522 1139

       (D) For a full-time student enrolled in an eligible 1140
institution for a semester or quarter in addition to the portion 1141
of the academic year covered by a grant determined under division 1142
(C) of this section, the maximum grant amount shall be a 1143
percentage of the maximum prescribed in the applicable table of 1144
that division. The maximum grant for a fourth quarter shall be 1145
one-third of the maximum amount prescribed under that division. 1146
The maximum grant for a third semester shall be one-half of the 1147
maximum amount prescribed under that division. 1148

       (E) No grant shall be made to any student in a course of 1149
study in theology, religion, or other field of preparation for a 1150
religious profession unless such course of study leads to an 1151
accredited bachelor of arts, bachelor of science, associate of 1152
arts, or associate of science degree. 1153

       (F)(1) Except as provided in division (F)(2) of this section, 1154
no grant shall be made to any student for enrollment during a 1155
fiscal year in an institution with a cohort default rate 1156
determined by the United States secretary of education pursuant to 1157
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, 1158
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June 1159
preceding the fiscal year, equal to or greater than thirty per 1160
cent for each of the preceding two fiscal years. 1161

       (2) Division (F)(1) of this section does not apply to the 1162
following: 1163

       (a) Any student enrolled in an institution that under the 1164
federal law appeals its loss of eligibility for federal financial 1165
aid and the United States secretary of education determines its 1166
cohort default rate after recalculation is lower than the rate 1167
specified in division (F)(1) of this section or the secretary 1168
determines due to mitigating circumstances the institution may 1169
continue to participate in federal financial aid programs. The 1170
~~board~~chancellor shall adopt rules requiring institutions to 1171
provide information regarding an appeal to the ~~board~~chancellor. 1172

       (b) Any student who has previously received a grant under 1173
this section who meets all other requirements of this section. 1174

       (3) The ~~board~~chancellor shall adopt rules for the 1175
notification of all institutions whose students will be ineligible 1176
to participate in the grant program pursuant to division (F)(1) of 1177
this section. 1178

       (4) A student's attendance at an institution whose students 1179
lose eligibility for grants under division (F)(1) of this section 1180
shall not affect that student's eligibility to receive a grant 1181
when enrolled in another institution. 1182

       (G) Institutions of higher education that enroll students 1183
receiving instructional grants under this section shall report to 1184
the ~~board~~chancellor all students who have received instructional 1185
grants but are no longer eligible for all or part of such grants 1186
and shall refund any moneys due the state within thirty days after 1187
the beginning of the quarter or term immediately following the 1188
quarter or term in which the student was no longer eligible to 1189
receive all or part of the student's grant. There shall be an 1190
interest charge of one per cent per month on all moneys due and 1191
payable after such thirty-day period. The ~~board~~chancellor shall 1192
immediately notify the office of budget and management and the 1193
legislative service commission of all refunds so received. 1194

       Sec. 3333.121. There is hereby established in the state 1195
treasury the state need-based financial aid reconciliation fund, 1196
which shall consist of refunds of instructional grant payments 1197
made pursuant to section 3333.12 of the Revised Code and refunds 1198
of state need-based financial aid payments made pursuant to 1199
section 3333.122 of the Revised Code. Revenues credited to the 1200
fund shall be used by the chancellor of the Ohio board of regents 1201
to pay to higher education institutions any outstanding 1202
obligations from the prior year owed for the Ohio instructional 1203
grant program and the Ohio college opportunity grant program that 1204
are identified through the annual reconciliation and financial 1205
audit. Any amount in the fund that is in excess of the amount 1206
certified to the director of budget and management by the ~~board of~~ 1207
~~regents~~chancellor as necessary to reconcile prior year payments 1208
under the program shall be transferred to the general revenue 1209
fund. 1210

       Sec. 3333.122. (A) As used in this section: 1211

       (1) "Eligible student" means a student who is: 1212

       (a) An Ohio resident who first enrolls in an undergraduate 1213
program in the 2006-2007 academic year or thereafter; 1214

       (b) Enrolled in either of the following: 1215

       (i) An accredited institution of higher education in this 1216
state that meets the requirements of Title VI of the Civil Rights 1217
Act of 1964 and is state-assisted, is nonprofit and has a 1218
certificate of authorization ~~from the Ohio board of regents~~ 1219
pursuant to Chapter 1713. of the Revised Code, has a certificate 1220
of registration from the state board of career colleges and 1221
schools and program authorization to award an associate or 1222
bachelor's degree, or is a private institution exempt from 1223
regulation under Chapter 3332. of the Revised Code as prescribed 1224
in section 3333.046 of the Revised Code. Students who attend an 1225
institution that holds a certificate of registration shall be 1226
enrolled in a program leading to an associate or bachelor's degree 1227
for which associate or bachelor's degree program the institution 1228
has program authorization issued under section 3332.05 of the 1229
Revised Code. 1230

       (ii) A technical education program of at least two years 1231
duration sponsored by a private institution of higher education in 1232
this state that meets the requirements of Title VI of the Civil 1233
Rights Act of 1964. 1234

       (2) A student who participated in either the early college 1235
high school program administered by the department of education or 1236
in the post-secondary enrollment options program pursuant to 1237
Chapter 3365. of the Revised Code before the 2006-2007 academic 1238
year shall not be excluded from eligibility for a ~~need based~~ 1239
needs-based financial aid grant under this section. 1240

       (3) "Resident," "expected family contribution" or "EFC," 1241
"full-time student," "three-quarters-time student," "half-time 1242
student," "one-quarter-time student," and "accredited" shall be 1243
defined by rules adopted by the chancellor of the Ohio board of 1244
regents. 1245

       (B) The ~~Ohio board of regents~~chancellor shall establish and 1246
administer a needs-based financial aid program based on the United 1247
States department of education's method of determining financial 1248
need and may adopt rules to carry out this section. The program 1249
shall be known as the Ohio college opportunity grant program. The 1250
general assembly shall support the needs-based financial aid 1251
program by such sums and in such manner as it may provide, but the 1252
~~board~~chancellor may also receive funds from other sources to 1253
support the program. If the amounts available for support of the 1254
program are inadequate to provide grants to all eligible students, 1255
preference in the payment of grants shall be given in terms of 1256
expected family contribution, beginning with the lowest expected 1257
family contribution category and proceeding upward by category to 1258
the highest expected family contribution category. 1259

       A needs-based financial aid grant shall be paid to an 1260
eligible student through the institution in which the student is 1261
enrolled, except that no needs-based financial aid grant shall be 1262
paid to any person serving a term of imprisonment. Applications 1263
for such grants shall be made as prescribed by the ~~board~~ 1264
chancellor, and such applications may be made in conjunction with 1265
and upon the basis of information provided in conjunction with 1266
student assistance programs funded by agencies of the United 1267
States government or from financial resources of the institution 1268
of higher education. The institution shall certify that the 1269
student applicant meets the requirements set forth in divisions 1270
(A)(1)(a) and (b) of this section. Needs-based financial aid 1271
grants shall be provided to an eligible student only as long as 1272
the student is making appropriate progress toward a nursing 1273
diploma or an associate or bachelor's degree. No student shall be 1274
eligible to receive a grant for more than ten semesters, fifteen 1275
quarters, or the equivalent of five academic years. A grant made 1276
to an eligible student on the basis of less than full-time 1277
enrollment shall be based on the number of credit hours for which 1278
the student is enrolled and shall be computed in accordance with a 1279
formula adopted by the ~~board~~chancellor. No student shall receive 1280
more than one grant on the basis of less than full-time 1281
enrollment. 1282

       A needs-based financial aid grant shall not exceed the total 1283
instructional and general charges of the institution. 1284

       (C) The tables in this division prescribe the maximum grant 1285
amounts covering two semesters, three quarters, or a comparable 1286
portion of one academic year. Grant amounts for additional terms 1287
in the same academic year shall be determined under division (D) 1288
of this section. 1289

       As used in the tables in division (C) of this section: 1290

        (1) "Private institution" means an institution that is 1291
nonprofit and has a certificate of authorization ~~from the Ohio~~ 1292
~~board of regents~~ pursuant to Chapter 1713. of the Revised Code. 1293

        (2) "Career college" means either an institution that holds a 1294
certificate of registration from the state board of career 1295
colleges and schools or a private institution exempt from 1296
regulation under Chapter 3332. of the Revised Code as prescribed 1297
in section 3333.046 of the Revised Code. 1298

       Full-time students shall be eligible to receive awards 1299
according to the following table: 1300

Full-Time Enrollment 1301

If the EFC is equal to or greater than: And if the EFC is no more than: If the student attends a public institution, the annual award shall be: If the student attends a private institution, the annual award shall be: If the student attends a career college, the annual award shall be: 1302

$2,101 $2,190 $300 $600 $480 1303

2,001 2,100 402 798 642 1304

1,901 2,000 498 1,002 798 1305

1,801 1,900 600 1,200 960 1306

1,701 1,800 702 1,398 1,122 1307

1,601 1,700 798 1,602 1,278 1308

1,501 1,600 900 1,800 1,440 1309

1,401 1,500 1,002 1,998 1,602 1310

1,301 1,400 1,098 2,202 1,758 1311

1,201 1,300 1,200 2,400 1,920 1312

1,101 1,200 1,302 2,598 2,082 1313

1,001 1,100 1,398 2,802 2,238 1314

901 1,000 1,500 3,000 2,400 1315

801 900 1,602 3,198 2,562 1316

701 800 1,698 3,402 2,718 1317

601 700 1,800 3,600 2,280 1318
501 600 1,902 3,798 3,042 1319
401 500 1,998 4,002 3,198 1320
301 400 2,100 4,200 3,360 1321
201 300 2,202 4,398 3,522 1322
101 200 2,298 4,602 3,678 1323
1 100 2,400 4,800 3,840 1324
0 0 2,496 4,992 3,996 1325

       Three-quarters-time students shall be eligible to receive 1326
awards according to the following table: 1327

Three-Quarters-Time Enrollment 1328

If the EFC is equal to or greater than: And the EFC is no more than: If the student attends a public institution, the annual award shall be: If the student attends a private institution, the annual award shall be: If the student attends a career college, the annual award shall be: 1329

$2,101 $2,190 $228 $450 $360 1330

2,001 2,100 300 600 480 1331

1,901 2,000 372 750 600 1332

1,801 1,900 450 900 720 1333

1,701 1,800 528 1,050 840 1334

1,601 1,700 600 1,200 960 1335

1,501 1,600 678 1,350 1,080 1336

1,401 1,500 750 1,500 1,200 1337

1,301 1,400 822 1,650 1,320 1338

1,201 1,300 900 1,800 1,440 1339

1,101 1,200 978 1,950 1,560 1340

1,001 1,100 1,050 2,100 1,680 1341

901 1,000 1,128 2,250 1,800 1342

801 900 1,200 2,400 1,920 1343

701 800 1,272 2,550 2,040 1344

601 700 1,350 2,700 2,160 1345
501 600 1,428 2,850 2,280 1346
401 500 1,500 3,000 2,400 1347
301 400 1,578 3,150 2,520 1348
201 300 1,650 3,300 2,640 1349
101 200 1,722 3,450 2,760 1350
1 100 1,800 3,600 2,880 1351
0 0 1,872 3,744 3,000 1352

       Half-time students shall be eligible to receive awards 1353
according to the following table: 1354

Half-Time Enrollment 1355

If the EFC is equal to or greater than: And if the EFC is no more than: If the student attends a public institution, the annual award shall be: If the student attends a private institution, the annual award shall be: If the student attends a career college, the annual award shall be: 1356

$2,101 $2,190 $150 $300 $240 1357

2,001 2,100 204 402 324 1358

1,901 2,000 252 504 402 1359

1,801 1,900 300 600 480 1360

1,701 1,800 354 702 564 1361

1,601 1,700 402 804 642 1362

1,501 1,600 450 900 720 1363

1,401 1,500 504 1,002 804 1364

1,301 1,400 552 1,104 882 1365

1,201 1,300 600 1,200 960 1366

1,101 1,200 654 1,302 1,044 1367

1,001 1,100 702 1,404 1,122 1368

901 1,000 750 1,500 1,200 1369

801 900 804 1,602 1,284 1370

701 800 852 1,704 1,362 1371

601 700 900 1,800 1,440 1372
501 600 954 1,902 1,524 1373
401 500 1,002 2,004 1,602 1374
301 400 1,050 2,100 1,680 1375
201 300 1,104 2,202 1,764 1376
101 200 1,152 2,304 1,842 1377
1 100 1,200 2,400 1,920 1378
0 0 1,248 2,496 1,998 1379

       One-quarter-time students shall be eligible to receive awards 1380
according to the following table: 1381

One-Quarter-Time Enrollment 1382

If the EFC is equal to or greater than: And if the EFC is no more than: If the student attends a public institution, the annual award shall be: If the student attends a private institution, the annual award shall be: If the student attends a career college, the annual award shall be: 1383

$2,101 $2,190 $78 $150 $120 1384

2,001 2,100 102 198 162 1385

1,901 2,000 126 252 198 1386

1,801 1,900 150 300 240 1387

1,701 1,800 174 348 282 1388

1,601 1,700 198 402 318 1389

1,501 1,600 228 450 360 1390

1,401 1,500 252 498 402 1391

1,301 1,400 276 552 438 1392

1,201 1,300 300 600 480 1393

1,101 1,200 324 648 522 1394

1,001 1,100 348 702 558 1395

901 1,000 378 750 600 1396

801 900 402 798 642 1397

701 800 426 852 678 1398

601 700 450 900 720 1399
501 600 474 948 762 1400
401 500 498 1,002 798 1401
301 400 528 1,050 840 1402
201 300 552 1,098 882 1403
101 200 576 1,152 918 1404
1 100 600 1,200 960 1405
0 0 624 1,248 1,002 1406

       (D) For a full-time student enrolled in an eligible 1407
institution for a semester or quarter in addition to the portion 1408
of the academic year covered by a grant determined under division 1409
(C) of this section, the maximum grant amount shall be a 1410
percentage of the maximum prescribed in the applicable table of 1411
that division. The maximum grant for a fourth quarter shall be 1412
one-third of the maximum amount prescribed under that division. 1413
The maximum grant for a third semester shall be one-half of the 1414
maximum amount prescribed under that division. 1415

       (E) No grant shall be made to any student in a course of 1416
study in theology, religion, or other field of preparation for a 1417
religious profession unless such course of study leads to an 1418
accredited bachelor of arts, bachelor of science, associate of 1419
arts, or associate of science degree. 1420

       (F)(1) Except as provided in division (F)(2) of this section, 1421
no grant shall be made to any student for enrollment during a 1422
fiscal year in an institution with a cohort default rate 1423
determined by the United States secretary of education pursuant to 1424
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, 1425
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June 1426
preceding the fiscal year, equal to or greater than thirty per 1427
cent for each of the preceding two fiscal years. 1428

       (2) Division (F)(1) of this section does not apply to the 1429
following: 1430

       (a) Any student enrolled in an institution that under the 1431
federal law appeals its loss of eligibility for federal financial 1432
aid and the United States secretary of education determines its 1433
cohort default rate after recalculation is lower than the rate 1434
specified in division (F)(1) of this section or the secretary 1435
determines due to mitigating circumstances the institution may 1436
continue to participate in federal financial aid programs. The 1437
~~board~~chancellor shall adopt rules requiring institutions to 1438
provide information regarding an appeal to the ~~board~~chancellor. 1439

       (b) Any student who has previously received a grant under 1440
this section who meets all other requirements of this section. 1441

       (3) The ~~board~~chancellor shall adopt rules for the 1442
notification of all institutions whose students will be ineligible 1443
to participate in the grant program pursuant to division (F)(1) of 1444
this section. 1445

       (4) A student's attendance at an institution whose students 1446
lose eligibility for grants under division (F)(1) of this section 1447
shall not affect that student's eligibility to receive a grant 1448
when enrolled in another institution. 1449

       (G) Institutions of higher education that enroll students 1450
receiving needs-based financial aid grants under this section 1451
shall report to the ~~board~~chancellor all students who have 1452
received needs-based financial aid grants but are no longer 1453
eligible for all or part of such grants and shall refund any 1454
moneys due the state within thirty days after the beginning of the 1455
quarter or term immediately following the quarter or term in which 1456
the student was no longer eligible to receive all or part of the 1457
student's grant. There shall be an interest charge of one per cent 1458
per month on all moneys due and payable after such thirty-day 1459
period. The ~~board~~chancellor shall immediately notify the office 1460
of budget and management and the legislative service commission of 1461
all refunds so received. 1462

       Sec. 3333.123. (A) As used in this section: 1463

        (1) "The Ohio college opportunity grant program" means the 1464
program established under section 3333.122 of the Revised Code. 1465

        (2) "Rules for the Ohio college opportunity grant program" 1466
means the rules authorized in division (S) of section 3333.04 of 1467
the Revised Code for the implementation of the program. 1468

        (B) In adopting rules for the Ohio college opportunity grant 1469
program, the chancellor of the Ohio board of regents may include 1470
provisions that give preferential or priority funding to 1471
low-income students who in their primary and secondary school work 1472
participate in or complete rigorous academic coursework, attain 1473
passing scores on the tests prescribed in section 3301.0710 of the 1474
Revised Code, or meet other high academic performance standards 1475
determined by the ~~board~~chancellor to reduce the need for 1476
remediation and ensure academic success at the postsecondary 1477
education level. Any such rules shall include a specification of 1478
procedures needed to certify student achievement of primary and 1479
secondary standards as well as the timeline for implementation of 1480
the provisions authorized by this section. 1481

       Sec. 3333.13. (A) Money appropriated to the chancellor of 1482
the Ohio board of regents for the purposes of this division shall 1483
be paid at the times and in the amounts necessary to meet all 1484
payments required to be made by the ~~board~~chancellor to the Ohio 1485
public facilities commission pursuant to leases or agreements made 1486
under division (B) of section 154.21 of the Revised Code, as 1487
certified under division (C) of this section, including 1488
supplements to such certifications. 1489

       (B) The ~~board~~chancellor shall include in ~~its~~the estimate of 1490
proposed expenses submitted pursuant to section 126.02 of the 1491
Revised Code the estimated amounts of all such payments to be made 1492
by itthe chancellor. The ~~board~~chancellor shall include the 1493
estimated amounts of all such payments to be made by itthe 1494
chancellor in recommendations for appropriation required by 1495
division (J) of section 3333.04 of the Revised Code. The director 1496
of budget and management shall include in the state budget 1497
estimates provided for in section 126.02 of the Revised Code the 1498
estimated amount of all such payments to be made during the next 1499
biennium, and this amount shall be included in the state budget to 1500
be submitted by the governor to the general assembly pursuant to 1501
section 107.03 of the Revised Code. 1502

       (C) On the first day of July of each year, or as soon 1503
thereafter as is practicable, the chancellor or a vice-chancellor 1504
~~of the board~~ shall certify to the director the payments contracted 1505
to be made, during the period of the then current appropriations 1506
made for the purposes of division (A) of this section, to the 1507
commission by the ~~board~~chancellor pursuant to leases and 1508
agreements made under division (B) of section 154.21 of the 1509
Revised Code. The certification shall state the amounts and dates 1510
of payment required therefor and the amounts to be credited 1511
pursuant to such leases and agreements to the higher education 1512
bond service trust fund and other special funds established 1513
pursuant to Chapter 154. of the Revised Code. If the director 1514
finds such certification to be correct, the director shall 1515
promptly add the director's certification thereto and submit it to 1516
the treasurer of state. Such annual certification shall be 1517
supplemented in similar manner upon the execution of each new 1518
lease or agreement, any supplement to an existing lease or 1519
agreement, or any amendment thereof, affecting the amounts of 1520
those payments. 1521

       Sec. 3333.14. Effective July 1, 1971, all public post high 1522
school technical education programs shall be operated by technical 1523
colleges, community colleges, university branches, state colleges, 1524
state-affiliated universities and state universities. Subject to 1525
rules and regulations adopted by the chancellor of the Ohio board 1526
of regents, the board of trustees or directors of one of the above 1527
such institutions shall adopt a plan of transition governing each 1528
public post high school technical education program not 1529
specifically identified or included in this section which is 1530
located in the geographic region of such institution as defined by 1531
the ~~board of regents~~chancellor. The plan of transition shall 1532
provide for the dissolution of such technical education programs 1533
either by transfer of a program's lands, buildings, and equipment 1534
to one of the above such institutions or by complete termination 1535
of the technical education program. 1536

       Sec. 3333.15. If the board of trustees of a state university 1537
fails to undertake appropriate action to establish a university 1538
branch campus within one year from the enactment of a capital 1539
improvement appropriation for the development of such university 1540
branch facility, the chancellor of the Ohio board of regents may 1541
act as itthe chancellor deems necessary in place of the board of 1542
trustees, including securing the release of construction planning 1543
and construction contract funds from the state controlling board. 1544
If the ~~board of regents~~chancellor takes action to plan and 1545
construct a university branch in accordance with this section, the 1546
officers and staff of such university shall perform all necessary 1547
functions incident to the planning and construction of such 1548
university branch as directed by the ~~board of regents~~chancellor. 1549

       Sec. 3333.16. As used in this section "state institution of 1550
higher education" means an institution of higher education as 1551
defined in section 3345.12 of the Revised Code. 1552

       (A) ~~By April 15, 2005,~~The chancellor of the Ohio board of 1553
regents shall do all of the following: 1554

       (1) Establish policies and procedures applicable to all state 1555
institutions of higher education that ensure that students can 1556
begin higher education at any state institution of higher 1557
education and transfer coursework and degrees to any other state 1558
institution of higher education without unnecessary duplication or 1559
institutional barriers. The purpose of this requirement is to 1560
allow students to attain their highest educational aspirations in 1561
the most efficient and effective manner for the students and the 1562
state. These policies and procedures shall require state 1563
institutions of higher education to make changes or modifications, 1564
as needed, to strengthen course content so as to ensure 1565
equivalency for that course at any state institution of higher 1566
education. 1567

       (2) Develop and implement a universal course equivalency 1568
classification system for state institutions of higher education 1569
so that the transfer of students and the transfer and articulation 1570
of equivalent courses or specified learning modules or units 1571
completed by students are not inhibited by inconsistent judgment 1572
about the application of transfer credits. Coursework completed 1573
within such a system at one state institution of higher education 1574
and transferred to another institution shall be applied to the 1575
student's degree objective in the same manner as equivalent 1576
coursework completed at the receiving institution. 1577

       (3) Develop a system of transfer policies that ensure that 1578
graduates with associate degrees which include completion of 1579
approved transfer modules shall be admitted to a state institution 1580
of higher education, shall be able to compete for admission to 1581
specific programs on the same basis as students native to the 1582
institution, and shall have priority over out-of-state associate 1583
degree graduates and transfer students. To assist a student in 1584
advising and transferring, all state institutions of higher 1585
education shall fully implement the course applicability system. 1586

       (4) Examine the feasibility of developing a transfer 1587
marketing agenda that includes materials and interactive 1588
technology to inform the citizens of Ohio about the availability 1589
of transfer options at state institutions of higher education and 1590
to encourage adults to return to colleges and universities for 1591
additional education; 1592

        (5) Study, in consultation with the state board of career 1593
colleges and schools, and in light of existing criteria and any 1594
other criteria developed by the articulation and transfer advisory 1595
council, the feasibility of credit recognition and transferability 1596
to state institutions of higher education for graduates who have 1597
received associate degrees from a career college or school with a 1598
certificate of registration from the state board of career 1599
colleges and schools under Chapter 3332. of the Revised Code. 1600

       (B) ~~By April 15, 2004, the board shall report to the general~~ 1601
~~assembly on its progress in attaining completion of the actions~~ 1602
~~prescribed in division (A) of this section.~~ 1603

       ~~(C)~~ All provisions of the existing articulation and transfer 1604
policy developed by the Ohio board of regents shall remain in 1605
effect except where amended by this ~~act~~section. 1606

       Sec. 3333.161. (A) As used in this section: 1607

       (1) "Articulation agreement" means an agreement between two 1608
or more state institutions of higher education to facilitate the 1609
transfer of students and credits between such institutions. 1610

       (2) "State institution of higher education" and "state 1611
university" have the same meanings as in section 3345.011 of the 1612
Revised Code. 1613

       (3) "Two year college" includes a community college, state 1614
community college, technical college, and university branch. 1615

       (B) ~~Not later than April 15, 2005,~~The chancellor of the Ohio 1616
board of regents shall adopt rules establishing a statewide system 1617
for articulation agreements among state institutions of higher 1618
education for transfer students pursuing teacher education 1619
programs. The rules shall require an articulation agreement 1620
between institutions to include all of the following: 1621

       (1) The development of a transfer module for teacher 1622
education that includes introductory level courses that are 1623
evaluated as appropriate by faculty employed by the state 1624
institutions of higher education that are parties to the 1625
articulation agreement; 1626

       (2) A foundation of general studies courses that have been 1627
identified as part of the transfer module for teacher education 1628
and have been evaluated as appropriate for the preparation of 1629
teachers and consistent with the academic content standards 1630
adopted under section 3301.079 of the Revised Code; 1631

       (3) A clear identification of university faculty who are 1632
partnered with two year college faculty; 1633

       (4) The publication of the articulation agreement that is 1634
available to all students, faculty, and staff. 1635

       Sec. 3333.162. (A) As used in this section, "state 1636
institution of higher education" means an institution of higher 1637
education as defined in section 3345.12 of the Revised Code. 1638

        (B) By April 15, 2007, the chancellor of the Ohio board of 1639
regents, in consultation with the department of education, public 1640
adult and secondary career-technical education institutions, and 1641
state institutions of higher education, shall establish criteria, 1642
policies, and procedures that enable students to transfer agreed 1643
upon technical courses completed through an adult career-technical 1644
education institution, a public secondary career-technical 1645
institution, or a state institution of higher education to a state 1646
institution of higher education without unnecessary duplication or 1647
institutional barriers. The courses to which the criteria, 1648
policies, and procedures apply shall be those that adhere to 1649
recognized industry standards and equivalent coursework common to 1650
the secondary career pathway and adult career-technical education 1651
system and regionally accredited state institutions of higher 1652
education. Where applicable, the policies and procedures shall 1653
build upon the articulation agreement and transfer initiative 1654
course equivalency system required by section 3333.16 of the 1655
Revised Code. 1656

       ~~(C) By April 15, 2006, the board shall report to the general~~ 1657
~~assembly on its progress in establishing these policies and~~ 1658
~~procedures.~~ 1659

       Sec. 3333.163. (A) As used in this section, "state 1660
institution of higher education" has the same meaning as in 1661
section 3345.011 of the Revised Code. 1662

        (B) Not later than April 15, 2008, the articulation and 1663
transfer advisory council of the chancellor of the Ohio board of 1664
regents shall recommend to the ~~board~~chancellor standards for 1665
awarding course credit toward degree requirements at state 1666
institutions of higher education based on scores attained on 1667
advanced placement examinations. The recommended standards shall 1668
include a score on each advanced placement examination that the 1669
council considers to be a passing score for which course credit 1670
may be awarded. Upon adoption of the standards by the ~~board of~~ 1671
~~regents~~chancellor, each state institution of higher education 1672
shall comply with the standards in awarding course credit to any 1673
student enrolled in the institution who has attained a passing 1674
score on an advanced placement examination. 1675

       Sec. 3333.17. The chancellor of the Ohio board of regents 1676
may enter into contracts with the appropriate agency in a 1677
contiguous state whereby the agency provides for charging Ohio 1678
residents enrolled in state-assisted post-secondary educational 1679
institutions in the contiguous state, tuition and fees at rates no 1680
higher than the rates charged to students who are residents of 1681
that state, and whereby the ~~Ohio board of regents~~chancellor, as 1682
part of such contracts, may provide that rates for tuition and 1683
fees charged to residents of the contiguous state who are enrolled 1684
in state-assisted post-secondary educational institutions in Ohio 1685
shall not exceed those charged Ohio residents. 1686

       State-assisted post-secondary educational institutions in 1687
Ohio may enter into contracts with appropriate state-assisted 1688
post-secondary educational institutions in a contiguous state 1689
whereby the state-assisted post-secondary educational institution 1690
provides for charging Ohio residents enrolled in the institution 1691
in the contiguous state, tuition and fees at rates no higher than 1692
the rates charged to students who are residents of that state, and 1693
whereby the Ohio state-assisted post-secondary institution, as 1694
part of such contracts, may provide that rates for tuition and 1695
fees charged to residents of the contiguous state who are enrolled 1696
in the state-assisted post-secondary educational institutions in 1697
Ohio shall not exceed those charged Ohio residents. 1698

       The contracts entered into by the ~~board of regents~~chancellor 1699
or a state-assisted post-secondary educational institution may 1700
limit the type of academic program offered at the reciprocal 1701
rates. Residents of contiguous states enrolled in for credit 1702
courses taught at the main campus and identified off-campus sites 1703
at state-assisted post-secondary educational institutions in Ohio 1704
under such contracts shall be included in calculating the number 1705
of full-time equivalent students for state subsidy purposes. The 1706
~~board of regents~~chancellor and each state-assisted post-secondary 1707
educational institution shall periodically assess the costs and 1708
benefits of each such contract and the extent to which parity is 1709
achieved between Ohio and the contiguous state with respect to 1710
students benefiting from the contract. All Ohio state-assisted 1711
post-secondary educational institutions participating in these 1712
contracts shall report enrollments and other information annually 1713
to the ~~Ohio board of regents~~chancellor. No contract shall be 1714
entered into under this section without the approval of the ~~Ohio~~ 1715
~~board of regents~~chancellor. The ~~Ohio board of regents~~chancellor 1716
shall report the status of these contracts to the controlling 1717
board annually. 1718

       Sec. 3333.18. The chancellor of the Ohio board of regents 1719
may enter into contracts with the appropriate agency in a 1720
contiguous state whereby financial aids from the funds of each 1721
state may be used by qualified student recipients to attend 1722
approved post-secondary educational institutions in the other 1723
state. Approved institutions in Ohio are those that are 1724
state-assisted or are nonprofit and have received certificates of 1725
authorization ~~from the Ohio board of regents~~ pursuant to Chapter 1726
1713. of the Revised Code, or are private institutions exempt from 1727
regulation under Chapter 3332. of the Revised Code as prescribed 1728
in section 3333.046 of the Revised Code. Eligible post-secondary 1729
educational institutions in the contiguous state shall be 1730
similarly approved by the appropriate agency of that state. In 1731
formulating and executing such contracts with a contiguous state, 1732
the ~~board~~chancellor shall assure that the total cost to this 1733
state approximates the total cost to the contiguous state. Any 1734
contract entered into under this section shall be subject to the 1735
periodic review of, and approval by, the controlling board. 1736

       Sec. 3333.19. The chancellor of the Ohio board of regents 1737
may enter into agreements with the appropriate agency in a foreign 1738
country or with an agency or organization sponsoring foreign 1739
student exchanges under which the agency or organization ensures 1740
that Ohio residents enrolled in post-secondary educational 1741
institutions in the foreign country will pay tuition and fees at 1742
rates no higher than the rates charged to students who are 1743
residents of that country and under which the ~~board of regents~~ 1744
chancellor provides that rates for tuition and fees charged to a 1745
comparable number of students from the foreign country who are 1746
enrolled in state-assisted institutions of higher education in 1747
Ohio are to be no higher than the rates charged to students who 1748
are Ohio residents. Notwithstanding that an Ohio resident is 1749
enrolled in a post-secondary educational institution in a foreign 1750
country under one of these agreements, any such student who was 1751
previously enrolled in a state-assisted institution shall be 1752
counted as enrolled in such institution for state subsidy purposes 1753
in a manner prescribed by rules the ~~board of regents~~chancellor 1754
shall adopt. 1755

       Sec. 3333.20. (A) ~~On or before September 1, 1993,~~The 1756
chancellor of the Ohio board of regents shall adopt educational 1757
service standards that shall apply to all community colleges, 1758
university branches, technical colleges, and state community 1759
colleges established under Chapters 3354., 3355., 3357., and 3358. 1760
of the Revised Code, respectively. These standards shall provide 1761
for such institutions to offer or demonstrate at least the 1762
following: 1763

       (1) An appropriate range of career or technical programs 1764
designed to prepare individuals for employment in specific careers 1765
at the technical or paraprofessional level; 1766

       (2) Commitment to an effective array of developmental 1767
education services providing opportunities for academic skill 1768
enhancement; 1769

       (3) Partnerships with industry, business, government, and 1770
labor for the retraining of the workforce and the economic 1771
development of the community; 1772

       (4) Noncredit continuing education opportunities; 1773

       (5) College transfer programs or the initial two years of a 1774
baccalaureate degree for students planning to transfer to 1775
institutions offering baccalaureate programs; 1776

       (6) Linkages with high schools to ensure that graduates are 1777
adequately prepared for post-secondary instruction; 1778

       (7) Student access provided according to a convenient 1779
schedule and program quality provided at an affordable price; 1780

       (8) That student fees charged by any institution are as low 1781
as possible, especially if the institution is being supported by a 1782
local tax levy; 1783

       (9) A high level of community involvement in the 1784
decision-making process in such critical areas as course delivery, 1785
range of services, fees and budgets, and administrative personnel. 1786

       (B) The ~~board of regents~~chancellor shall consult with 1787
representatives of state-assisted colleges and universities, as 1788
defined in section 3333.041 of the Revised Code, in developing 1789
appropriate methods for achieving or maintaining the standards 1790
adopted pursuant to division (A) of this section. 1791

       (C) In considering institutions that are co-located, the 1792
~~board of regents~~chancellor shall apply the standards to them in 1793
two manners: 1794

       (1) As a whole entity; 1795

       (2) As separate entities, applying the standards separately 1796
to each. 1797

       When distributing any state funds among institutions based on 1798
the degree to which they meet the standards, the ~~board of regents~~ 1799
chancellor shall provide to institutions that are co-located the 1800
higher amount produced by the two judgments under divisions (C)(1) 1801
and (2) of this section. 1802

       Sec. 3333.21. As used in sections 3333.21 to 3333.23 of the 1803
Revised Code, "term" and "academic year" mean "term" and "academic 1804
year" as defined by the chancellor of the Ohio board of regents. 1805

       The ~~board~~chancellor shall establish and administer an 1806
academic scholarship program. Under the program, a total of one 1807
thousand new scholarships shall be awarded annually in the amount 1808
of not less than two thousand dollars per award. At least one such 1809
new scholarship shall be awarded annually to a student in each 1810
public high school and joint vocational school and each nonpublic 1811
high school for which the state board of education prescribes 1812
minimum standards in accordance with section 3301.07 of the 1813
Revised Code. 1814

       To be eligible for the award of a scholarship, a student 1815
shall be a resident of Ohio and shall be enrolled as a full-time 1816
undergraduate student in an Ohio institution of higher education 1817
that meets the requirements of Title VI of the "Civil Rights Act 1818
of 1964" and is state-assisted, is nonprofit and holds a 1819
certificate of authorization issued under section 1713.02 of the 1820
Revised Code, is a private institution exempt from regulation 1821
under Chapter 3332. of the Revised Code as prescribed in section 1822
3333.046 of the Revised Code, or holds a certificate of 1823
registration and program authorization issued under section 1824
3332.05 of the Revised Code and awards an associate or bachelor's 1825
degree. Students who attend an institution holding a certificate 1826
of registration shall be enrolled in a program leading to an 1827
associate or bachelor's degree for which associate or bachelor's 1828
degree program the institution has program authorization to offer 1829
the program issued under section 3332.05 of the Revised Code. 1830

       "Resident" and "full-time student" shall be defined ~~by board~~ 1831
~~rule~~in rules adopted by the chancellor. 1832

       The ~~board~~chancellor shall award the scholarships on the 1833
basis of a formula designed by itthe chancellor to identify 1834
students with the highest capability for successful college study. 1835
The formula shall weigh the factor of achievement, as measured by 1836
grade point average, and the factor of ability, as measured by 1837
performance on a competitive examination specified by the ~~board~~ 1838
chancellor. Students receiving scholarships shall be known as 1839
"Ohio academic scholars." Annually, not later than the 1840
thirty-first day of July, the ~~board~~chancellor shall report to the 1841
governor and the general assembly on the performance of current 1842
Ohio academic scholars and the effectiveness of ~~its~~the formula. 1843

       Sec. 3333.22. Each Ohio academic scholarship shall be 1844
awarded for an academic year and may be renewed for each of three 1845
additional academic years. The scholarship amount awarded to a 1846
scholar for an academic year shall be not less than two thousand 1847
dollars. A scholarship shall be renewed if the scholar maintains 1848
an academic record satisfactory to the chancellor of the Ohio 1849
board of regents and meets any of the following conditions: 1850

       (A) The scholar is enrolled as a full-time undergraduate; 1851

       (B) The scholar was awarded an undergraduate degree in less 1852
than four academic years and is enrolled as a full-time graduate 1853
or professional student in an Ohio institution of higher education 1854
that meets the requirements of Title VI of the "Civil Rights Act 1855
of 1964" and is state-assisted or is nonprofit and holds a 1856
certificate of authorization issued under section 1713.02 of the 1857
Revised Code; 1858

       (C) The scholar is a full-time student concurrently enrolled 1859
as an undergraduate student and as a graduate or professional 1860
student in an Ohio institution of higher education that meets the 1861
requirements of division (B) of this section. 1862

       Each amount awarded shall be paid in equal installments to 1863
the scholar at the time of enrollment for each term of the 1864
academic year for which the scholarship is awarded or renewed. No 1865
scholar is eligible to receive an Ohio academic scholarship for 1866
more than the equivalent of four academic years. 1867

       If an Ohio academic scholar is temporarily unable to attend 1868
school because of illness or other cause satisfactory to the ~~board~~ 1869
chancellor, the ~~board~~chancellor may grant a leave of absence for 1870
a designated period of time. If a scholar discontinues full-time 1871
attendance at the scholar's school during a term because of 1872
illness or other cause satisfactory to the ~~board~~chancellor, the 1873
scholar may either claim a prorated payment for the period of 1874
actual attendance or waive payment for that term. A term for which 1875
prorated payment is made shall be considered a full term for which 1876
a scholarship was received. A term for which payment is waived 1877
shall not be considered a term for which a scholarship was 1878
received. 1879

       Receipt of an Ohio academic scholarship shall not affect a 1880
scholar's eligibility for the Ohio instructional grant program. 1881

       Sec. 3333.23. At the end of each term, each Ohio academic 1882
scholar shall request the registrar of the school to send a copy 1883
of the scholar's scholastic record to the chancellor of the Ohio 1884
board orof regents. If the scholar's record fails to meet the 1885
standards established by the ~~board~~chancellor, further payments 1886
shall be suspended until the scholar demonstrates promise of 1887
successful progress in the academic program for which the award 1888
was made. The ~~board~~chancellor may revoke the scholarship if the 1889
scholar does not resume successful academic progress within a 1890
reasonable time. 1891

       Sec. 3333.25. There is hereby created the Ohio academic 1892
scholarship payment fund, which shall be in the custody of the 1893
treasurer of state but shall not be a part of the state treasury. 1894
The fund shall consist of all moneys appropriated for the fund by 1895
the general assembly and other moneys otherwise made available to 1896
the fund. The payment fund shall be used for the payment of Ohio 1897
academic scholarships or for additional scholarships to recognize 1898
outstanding academic achievement and ability. The chancellor of 1899
the Ohio board of regents shall administer this section and 1900
establish rules for the distribution and awarding of any 1901
additional scholarships. 1902

       The ~~board~~chancellor may direct the treasurer of state to 1903
invest any moneys in the payment fund not currently needed for 1904
scholarship payments, in any kinds of investments in which moneys 1905
of the public employees retirement system may be invested. 1906

       The instruments of title of all investments shall be 1907
delivered to the treasurer of state or to a qualified trustee 1908
designated by the treasurer of state as provided in section 135.18 1909
of the Revised Code. The treasurer of state shall collect both 1910
principal and investment earnings on all investments as they 1911
become due and pay them into the fund. 1912

       All deposits to the fund shall be made in financial 1913
institutions of this state secured as provided in section 135.18 1914
of the Revised Code. 1915

       Sec. 3333.26. (A) Any citizen of this state who has resided 1916
within the state for one year, who was in the active service of 1917
the United States as a soldier, sailor, nurse, or marine between 1918
April 6, 1917, and November 11, 1918, and who has been honorably 1919
discharged from that service, shall be admitted to any school, 1920
college, or university that receives state funds in support 1921
thereof, without being required to pay any tuition or 1922
matriculation fee, but is not relieved from the payment of 1923
laboratory or similar fees. 1924

       (B)(1) As used in this division: 1925

       (a) "Volunteer firefighter" has the meaning as in division 1926
(B)(1) of section 146.01 of the Revised Code. 1927

       (b) "Public service officer" means an Ohio firefighter, 1928
volunteer firefighter, police officer, member of the state highway 1929
patrol, employee designated to exercise the powers of police 1930
officers pursuant to section 1545.13 of the Revised Code, or other 1931
peace officer as defined by division (B) of section 2935.01 of the 1932
Revised Code, or a person holding any equivalent position in 1933
another state. 1934

       (c) "Qualified former spouse" means the former spouse of a 1935
public service officer, or of a member of the armed services of 1936
the United States, who is the custodial parent of a minor child of 1937
that marriage pursuant to an order allocating the parental rights 1938
and responsibilities for care of the child issued pursuant to 1939
section 3109.04 of the Revised Code. 1940

       (d) "Operation enduring freedom" means that period of 1941
conflict which began October 7, 2001, and ends on a date declared 1942
by the president of the United States or the congress. 1943

        (e) "Operation Iraqi freedom" means that period of conflict 1944
which began March 20, 2003, and ends on a date declared by the 1945
president of the United States or the congress. 1946

       (f) "Combat zone" means an area that the president of the 1947
United States by executive order designates, for purposes of 26 1948
U.S.C. 112, as an area in which armed forces of the United States 1949
are or have engaged in combat. 1950

       (2) Any resident of this state who is under twenty-six years 1951
of age, or under thirty years of age if the resident has been 1952
honorably discharged from the armed services of the United States, 1953
who is the child of a public service officer killed in the line of 1954
duty or of a member of the armed services of the United States 1955
killed in the line of duty during operation enduring freedom or 1956
operation Iraqi freedom, and who is admitted to any state 1957
university or college as defined in division (A)(1) of section 1958
3345.12 of the Revised Code, community college, state community 1959
college, university branch, or technical college shall not be 1960
required to pay any tuition or any student fee for up to four 1961
academic years of education, which shall be at the undergraduate 1962
level. 1963

       A child of a member of the armed services of the United 1964
States killed in the line of duty during operation enduring 1965
freedom or operation Iraqi freedom is eligible for a waiver of 1966
tuition and student fees under this division only if the student 1967
is not eligible for a war orphans scholarship authorized by 1968
Chapter 5910. of the Revised Code. In any year in which the war 1969
orphans scholarship board reduces the percentage of tuition 1970
covered by a war orphans scholarship below one hundred per cent 1971
pursuant to division (A) of section 5910.04 of the Revised Code, 1972
the waiver of tuition and student fees under this division for a 1973
child of a member of the armed services of the United States 1974
killed in the line of duty during operation enduring freedom or 1975
operation Iraqi freedom shall be reduced by the same percentage. 1976

       (3) Any resident of this state who is the spouse or qualified 1977
former spouse of a public service officer killed in the line of 1978
duty, and who is admitted to any state university or college as 1979
defined in division (A)(1) of section 3345.12 of the Revised Code, 1980
community college, state community college, university branch, or 1981
technical college, shall not be required to pay any tuition or any 1982
student fee for up to four academic years of education, which 1983
shall be at the undergraduate level. 1984

       (4) Any resident of this state who is the spouse or qualified 1985
former spouse of a member of the armed services of the United 1986
States killed in the line of duty while serving in a combat zone 1987
after May 7, 1975, and who is admitted to any state university or 1988
college as defined in division (A)(1) of section 3345.12 of the 1989
Revised Code, community college, state community college, 1990
university branch, or technical college, shall not be required to 1991
pay any tuition or any student fee for up to four years of 1992
academic education, which shall be at the undergraduate level. In 1993
order to qualify under division (B)(4) of this section, the spouse 1994
or qualified former spouse shall have been a resident of this 1995
state at the time the member was killed in the line of duty. 1996

       (C) Any institution that is not subject to division (B) of 1997
this section and that holds a valid certificate of registration 1998
issued under Chapter 3332. of the Revised Code, a valid 1999
certificate issued under Chapter 4709. of the Revised Code, or a 2000
valid license issued under Chapter 4713. of the Revised Code, or 2001
that is nonprofit and has a certificate of authorization issued 2002
under section 1713.02 of the Revised Code, or that is a private 2003
institution exempt from regulation under Chapter 3332. of the 2004
Revised Code as prescribed in section 3333.046 of the Revised 2005
Code, which reduces tuition and student fees of a student who is 2006
eligible to attend an institution of higher education under the 2007
provisions of division (B) of this section by an amount indicated 2008
by the chancellor of the Ohio board of regents shall be eligible 2009
to receive a grant in that amount from the ~~board~~chancellor. 2010

       Each institution that enrolls students under division (B) of 2011
this section shall report to the ~~board~~chancellor, by the first 2012
day of July of each year, the number of students who were so 2013
enrolled and the average amount of all such tuition and student 2014
fees waived during the preceding year. The ~~board~~chancellor shall 2015
determine the average amount of all such tuition and student fees 2016
waived during the preceding year. The average amount of the 2017
tuition and student fees waived under division (B) of this section 2018
during the preceding year shall be the amount of grants that 2019
participating institutions shall receive under this division 2020
during the current year, but no grant under this division shall 2021
exceed the tuition and student fees due and payable by the student 2022
prior to the reduction referred to in this division. The grants 2023
shall be made for four years of undergraduate education of an 2024
eligible student. 2025

       Sec. 3333.27. As used in this section: 2026

       (A) "Eligible institution" means a nonprofit Ohio institution 2027
of higher education that holds a certificate of authorization 2028
issued under section 1713.02 of the Revised Code and meets the 2029
requirements of Title VI of the Civil Rights Act of 1964. 2030

       (B) "Resident" and "full-time student" have the meanings 2031
established for purposes of this section by rule of the chancellor 2032
of the Ohio board of regents. 2033

       The ~~board~~chancellor shall establish and administer a student 2034
choice grant program and shall adopt rules for the administration 2035
of the program. 2036

       The ~~board~~chancellor may make a grant to any resident of this 2037
state who is enrolled as a full-time student in a bachelor's 2038
degree program at an eligible institution and maintains an 2039
academic record that meets or exceeds the standard established 2040
pursuant to this section by rule of the ~~board~~chancellor, except 2041
that no grant shall be made to any individual who was enrolled as 2042
a student in an institution of higher education on or before July 2043
1, 1984, or is serving a term of imprisonment. The grant shall not 2044
exceed the lesser of the total instructional and general charges 2045
of the institution in which the student is enrolled, or an amount 2046
equal to one-fourth of the total of any state instructional 2047
subsidy amount distributed by the ~~board~~chancellor in the second 2048
fiscal year of the preceding biennium for all full-time students 2049
enrolled in bachelor's degree programs at four-year state-assisted 2050
institutions of higher education divided by the sum of the actual 2051
number of full-time students enrolled in bachelor's degree 2052
programs at four-year state-assisted institutions of higher 2053
education reported to the ~~board~~chancellor for such year by the 2054
institutions to which the subsidy was distributed. 2055

       The ~~board~~chancellor shall prescribe the form and manner of 2056
application for grants including the manner of certification by 2057
eligible institutions that each applicant from such institution is 2058
enrolled in a bachelor's degree program as a full-time student and 2059
has an academic record that meets or exceeds the standard 2060
established by the ~~board~~chancellor. 2061

       A grant awarded to an eligible student shall be paid to the 2062
institution in which the student is enrolled, and the institution 2063
shall reduce the student's instructional and general charges by 2064
the amount of the grant. Each grant awarded shall be prorated and 2065
paid in equal installments at the time of enrollment for each term 2066
of the academic year for which the grant is awarded. No student 2067
shall be eligible to receive a grant for more than ten semesters, 2068
fifteen quarters, or the equivalent of five academic years. 2069

       The receipt of an Ohio student choice grant shall not affect 2070
a student's eligibility for assistance, or the amount of such 2071
assistance, granted under section 3315.33, 3333.12, 3333.122, 2072
3333.22, 3333.26, 5910.03, 5910.032, or 5919.34 of the Revised 2073
Code. If a student receives assistance under one or more of such 2074
sections, the student choice grant made to the student shall not 2075
exceed the difference between the amount of assistance received 2076
under such sections and the total instructional and general 2077
charges of the institution in which the student is enrolled. 2078

       The general assembly shall support the student choice grant 2079
program by such sums and in such manner as it may provide, but the 2080
~~board~~chancellor may also receive funds from other sources to 2081
support the program. 2082

       No grant shall be made to any student enrolled in a course of 2083
study leading to a degree in theology, religion, or other field of 2084
preparation for a religious profession unless the course of study 2085
leads to an accredited bachelor of arts or bachelor of science 2086
degree. 2087

       Institutions of higher education that enroll students 2088
receiving grants under this section shall report to the ~~board~~ 2089
chancellor the name of each student who has received such a grant 2090
but who is no longer eligible for all or part of such grant and 2091
shall refund all moneys due to the state within thirty days after 2092
the beginning of the term immediately following the term in which 2093
the student was no longer eligible to receive all or part of the 2094
grant. There shall be an interest charge of one per cent per month 2095
on all moneys due and payable after such thirty-day period. The 2096
~~board~~chancellor shall immediately notify the office of budget and 2097
management and the legislative service commission of all refunds 2098
received. 2099

       Sec. 3333.28. (A) The chancellor of the Ohio board of 2100
regents shall establish the nurse education assistance program, 2101
the purpose of which shall be to make loans to students enrolled 2102
in prelicensure nurse education programs at institutions approved 2103
by the board of nursing under section 4723.06 of the Revised Code 2104
and postlicensure nurse education programs approved by the ~~board~~ 2105
~~of regents~~chancellor under section 3333.04 of the Revised Code or 2106
offered by an institution holding a certificate of authorization 2107
issued ~~by the board of regents~~ under Chapter 1713. of the Revised 2108
Code. The board of nursing shall assist the ~~board of regents~~ 2109
chancellor in administering the program. 2110

       (B) There is hereby created in the state treasury the nurse 2111
education assistance fund, which shall consist of all money 2112
transferred to it pursuant to section 4743.05 of the Revised Code. 2113
The fund shall be used by the ~~board of regents~~chancellor for 2114
loans made under division (A) of this section and for expenses of 2115
administering the loan program. 2116

       (C) Between July 1, 2005, and January 1, 2012, the ~~board of~~ 2117
~~regents~~chancellor shall distribute money in the nurse education 2118
assistance fund in the following manner: 2119

       (1)(a) Fifty per cent of available funds shall be awarded as 2120
loans to registered nurses enrolled in postlicensure nurse 2121
education programs described in division (A) of this section. To 2122
be eligible for a loan, the applicant shall provide the ~~board~~ 2123
chancellor with a letter of intent to practice as a faculty member 2124
at a prelicensure or postlicensure program for nursing in this 2125
state upon completion of the applicant's academic program. 2126

       (b) If the borrower of a loan under division (C)(1)(a) of 2127
this section secures employment as a faculty member of an approved 2128
nursing education program in this state within six months 2129
following graduation from an approved nurse education program, the 2130
~~board~~chancellor may forgive the principal and interest of the 2131
student's loans received under division (C)(1)(a) of this section 2132
at a rate of twenty-five per cent per year, for a maximum of four 2133
years, for each year in which the borrower is so employed. A 2134
deferment of the service obligation, and other conditions 2135
regarding the forgiveness of loans may be granted as provided by 2136
the rules adopted under division (D)(7) of this section. 2137

       (c) Loans awarded under division (C)(1)(a) of this section 2138
shall be awarded on the basis of the student's expected family 2139
contribution, with preference given to those applicants with the 2140
lowest expected family contribution. However, the ~~board of regents~~ 2141
chancellor may consider other factors itthe chancellor determines 2142
relevant in ranking the applications. 2143

       (d) Each loan awarded to a student under division (C)(1)(a) 2144
of this section shall be not less than five thousand dollars per 2145
year. 2146

       (2) Twenty-five per cent of available funds shall be awarded 2147
to students enrolled in prelicensure nurse education programs for 2148
registered nurses, as defined in section 4723.01 of the Revised 2149
Code. 2150

       (3) Twenty-five per cent of available funds shall be awarded 2151
to students enrolled in prelicensure professional nurse education 2152
programs for licensed practical nurses, as defined in section 2153
4723.01 of the Revised Code. 2154

       After January 1, 2012, the ~~board of regents~~chancellor shall 2155
determine the manner in which to distribute loans under this 2156
section. 2157

       (D) Subject to the requirements specified in division (C) of 2158
this section, the ~~board of regents~~chancellor shall adopt rules in 2159
accordance with Chapter 119. of the Revised Code establishing: 2160

       (1) Eligibility criteria for receipt of a loan; 2161

       (2) Loan application procedures; 2162

       (3) The amounts in which loans may be made and the total 2163
amount that may be loaned to an individual; 2164

       (4) The total amount of loans that can be made each year; 2165

       (5) The percentage of the money in the fund that must remain 2166
in the fund at all times as a fund balance; 2167

       (6) Interest and principal repayment schedules; 2168

       (7) Conditions under which a portion of principal and 2169
interest obligations incurred by an individual under the program 2170
will be forgiven; 2171

       (8) Ways that the program may be used to encourage 2172
individuals who are members of minority groups to enter the 2173
nursing profession; 2174

       (9) Any other matters incidental to the operation of the 2175
program. 2176

       (E) The obligation to repay a portion of the principal and 2177
interest on a loan made under this section shall be forgiven if 2178
the recipient of the loan meets the criteria for forgiveness 2179
established by division (C)(1)(b) of this section, in the case of 2180
loans awarded under division (C)(1)(a) of this section, or by the 2181
~~board of regents by~~chancellor under the rule adopted under 2182
division (D)(7) of this section, in the case of other loans 2183
awarded under this section. 2184

       (F) The receipt of a loan under this section shall not affect 2185
a student's eligibility for assistance, or the amount of that 2186
assistance, granted under section 3333.12, 3333.122, 3333.22, 2187
3333.26, 3333.27, 5910.03, 5910.032, or 5919.34 of the Revised 2188
Code, but the rules of the ~~board of regents~~chancellor may provide 2189
for taking assistance received under those sections into 2190
consideration when determining a student's eligibility for a loan 2191
under this section. 2192

       Sec. 3333.29. (A) As used in this section: 2193

       (1) "Resident" has the meaning established for purposes of 2194
this section by rule of the chancellor of the Ohio board of 2195
regents. 2196

       (2) "Eligible institution" means either: 2197

       (a) A private career school registered in accordance with 2198
section 3332.05 of the Revised Code; 2199

       (b) A private institution exempt from regulation under 2200
Chapter 3332. of the Revised Code as prescribed in section 2201
3333.046 of the Revised Code. 2202

       (B) The ~~Ohio board of regents~~chancellor shall establish and 2203
administer the student workforce development grant program and 2204
shall adopt rules for the administration of the program. Such 2205
rules shall be similar to the rules ~~the Ohio board of regents~~ 2206
~~adopts~~adopted under section 3333.27 of the Revised Code. 2207

       (C) The ~~Ohio board of regents~~chancellor may make a grant to 2208
any resident of this state who is enrolled as a full-time student 2209
in an authorized baccalaureate degree or associate degree program 2210
at an eligible institution and who maintains an academic record 2211
that meets or exceeds a standard established by rule of the state 2212
board of career colleges and schools. The size of an annual grant 2213
award shall be determined by the ~~Ohio board of regents~~chancellor 2214
based on the amount of funds available for the program. The grant 2215
shall be prorated and paid in equal installments per academic term 2216
in accordance with division (E) of this section. 2217

       (D) The ~~Ohio board of regents~~chancellor shall prescribe the 2218
form and manner of application for grants and shall provide a 2219
method for eligible institutions to certify applicants who are 2220
enrolled in authorized baccalaureate degree or associate degree 2221
programs and have academic records meeting or exceeding the 2222
standard established by the state board of career colleges and 2223
schools. 2224

       (E) A grant awarded to an eligible student shall be paid to 2225
the eligible institution in which the student is enrolled, and the 2226
institution shall reduce the student's instructional and general 2227
charges by the amount of the grant. Each grant awarded shall be 2228
paid in accordance with division (C) of this section within thirty 2229
days after the start of each term of the academic year for which 2230
the grant is awarded. No student shall be eligible to receive 2231
grants for more than the equivalent of five academic years. 2232

       (F) The receipt of a workforce development grant shall not 2233
affect a student's eligibility for assistance or the amount of 2234
such assistance granted under any other provision of state law. If 2235
a student receives assistance under one or more other provisions 2236
of state law, the grant made to the student under this section 2237
shall not exceed the difference between the total instructional 2238
and general charges assessed to the student by the eligible 2239
institution and the amount of total assistance the student 2240
receives under other provisions of state law. 2241

       (G) The general assembly shall support the workforce 2242
development grant program with such appropriations as the general 2243
assembly sees fit. The ~~Ohio board of regents~~chancellor may also 2244
receive funds from other sources to support the program. 2245

       (H) Eligible institutions that enroll students receiving 2246
grants under this section shall report to the ~~Ohio board of~~ 2247
~~regents~~chancellor the name of each student who has received such 2248
a grant but who is no longer eligible for such a grant. In the 2249
event that an eligible student who has been awarded a grant under 2250
this section withdraws from enrollment at an institution during 2251
any term, the institution shall refund a prorated amount of the 2252
student's grant for that term to the ~~Ohio board of regents~~ 2253
chancellor in accordance with the school's refund policy. 2254

       (I) The state board of career colleges and schools shall 2255
report to the ~~Ohio board of regents~~chancellor each degree 2256
granting private career school's job placement rate for the 2257
immediately preceding academic year. No grant awarded to an 2258
eligible student under this section shall be paid to a registered 2259
private career school if the school's job placement rate for 2260
baccalaureate degree and associate degree programs for the 2261
preceding academic year was less than seventy-five per cent. 2262

       Sec. 3333.31. (A) For state subsidy and tuition surcharge 2263
purposes, status as a resident of Ohio shall be defined by the 2264
chancellor of the Ohio board of regents by rule promulgated 2265
pursuant to Chapter 119. of the Revised Code. No adjudication as 2266
to the status of any person under such rule, however, shall be 2267
required to be made pursuant to Chapter 119. of the Revised Code. 2268
The term "resident" for these purposes shall not be equated with 2269
the definition of that term as it is employed elsewhere under the 2270
laws of this state and other states, and shall not carry with it 2271
any of the legal connotations appurtenant thereto. Rather, for 2272
such purposes, the rule promulgated ~~by the Ohio board of regents~~ 2273
under this section shall have the objective of excluding from 2274
treatment as residents those who are present in the state 2275
primarily for the purpose of attending a state-supported or 2276
state-assisted institution of higher education, and may prescribe 2277
presumptive rules, rebuttable or conclusive, as to such purpose 2278
based upon the source or sources of support of the student, 2279
residence prior to first enrollment, evidence of intention to 2280
remain in the state after completion of studies, or such other 2281
factors as the ~~Ohio board of regents may deem~~chancellor deems 2282
relevant. 2283

       (B) The rules of the ~~Ohio board of regents~~chancellor for 2284
determining student residency shall not deny residency status to a 2285
student who is either a dependent child of a parent, or the spouse 2286
of a person who, as of the first day of a term of enrollment in an 2287
institution of higher education, has accepted full-time employment 2288
and established domicile in this state for reasons other than 2289
gaining the benefit of favorable tuition rates. 2290

       Documentation of full-time employment and domicile shall 2291
include both of the following documents: 2292

       (1) A sworn statement from the employer or the employer's 2293
representative on the letterhead of the employer or the employer's 2294
representative certifying that the parent or spouse of the student 2295
is employed full-time in Ohio; 2296

       (2) A copy of the lease under which the parent or spouse is 2297
the lessee and occupant of rented residential property in the 2298
state, a copy of the closing statement on residential real 2299
property of which the parent or spouse is the owner and occupant 2300
in this state or, if the parent or spouse is not the lessee or 2301
owner of the residence in which hethe parent or spouse has 2302
established domicile, a letter from the owner of the residence 2303
certifying that the parent or spouse resides at that residence. 2304

Residency officers may also evaluate, in accordance with ~~board~~ the 2305
chancellor's rule, requests for immediate residency status from 2306
dependent students whose parents are not living and whose domicile 2307
follows that of a legal guardian who has accepted full-time 2308
employment and established domicile in the state for reasons other 2309
than gaining the benefit of favorable tuition rates. 2310

       (C) "Dependent," "domicile," "institution of higher 2311
education," and "residency officer" have the meanings ascribed in 2312
the ~~board's~~chancellor's rules adopted under this section. 2313

       Sec. 3333.33. The chancellor of the Ohio board of regents, 2314
in collaboration with the state board of education, shall publish 2315
an annual report describing dual enrollment programs, as defined 2316
in section 3313.6013 of the Revised Code, that are offered by 2317
school districts, community schools established under Chapter 2318
3314. of the Revised Code, and chartered nonpublic high schools. 2319
The ~~board of regents~~chancellor shall submit the report to the 2320
governor, the speaker and minority leader of the house of 2321
representatives, the president and minority leader of the senate, 2322
the chairpersons and ranking minority members of the standing 2323
committees of the house of representatives and the senate that 2324
consider education legislation, the superintendent of public 2325
instruction, and the president of the state board of education. 2326
The ~~board of regents~~chancellor also shall post the report on ~~its~~ 2327
the chancellor's web site. 2328

       Sec. 3333.34. (A) As used in this section: 2329

        (1) "Pre-college stackable certificate" means a certificate 2330
earned before an adult is enrolled in an institution of higher 2331
education that can be transferred to college credit based on 2332
standards established by the chancellor of the Ohio board of 2333
regents and the department of education. 2334

        (2) "College-level certificate" means a certificate earned 2335
while an adult is enrolled in an institution of higher education 2336
that can be transferred to college credit based on standards 2337
established by the ~~board of regents~~chancellor and the department 2338
of education. 2339

        (B) The ~~board of regents~~chancellor and the department of 2340
education shall create a system of pre-college stackable 2341
certificates to provide a clear and accessible path for adults 2342
seeking to advance their education. The system shall do all of the 2343
following: 2344

        (1) Be uniform across the state; 2345

        (2) Be available from an array of providers, including adult 2346
career centers, institutions of higher education, and employers; 2347

       (3) Be structured to respond to the expectations of both the 2348
workplace and higher education; 2349

        (4) Be articulated in a way that ensures the most effective 2350
interconnection of competencies offered in specialized training 2351
programs; 2352

        (5) Establish standards for earning pre-college certificates; 2353

        (6) Establish transferability of pre-college certificates to 2354
college credit. 2355

        (C) The ~~board~~chancellor shall develop college-level 2356
certificates that can be transferred to college credit in 2357
different subject competencies. The certificates shall be based on 2358
competencies and experience and not on classroom seat time. 2359

       Sec. 3333.35. The state board of education and the 2360
chancellor of the Ohio board of regents shall strive to reduce 2361
unnecessary student remediation costs incurred by colleges and 2362
universities in this state, increase overall access for students 2363
to higher education, enhance the post-secondary enrollment options 2364
program in accordance with Chapter 3365. of the Revised Code, and 2365
enhance the alternative educator licensure program in accordance 2366
with section 3319.26 of the Revised Code. 2367

       Sec. 3333.36. Provided that sufficient unencumbered and 2368
unexpended funds are available from general revenue fund 2369
appropriations made to the Ohio board of regents or to the 2370
chancellor of the Ohio board of regents, the chancellor ~~of the~~ 2371
~~Ohio board of regents~~ shall allocate up to seventy thousand 2372
dollars in each fiscal year to make payments to the Columbus 2373
program in intergovernmental issues, an Ohio internship program at 2374
Kent state university, for scholarships of up to two thousand 2375
dollars for each student enrolled in the program. The chancellor 2376
may utilize any general revenue funds appropriated to the board of 2377
regents or to the chancellor that the chancellor determines to be 2378
available for purposes of this section. 2379

       Sec. 3333.37. As used in sections 3333.37 to 3333.375 of the 2380
Revised Code, the following words and terms have the following 2381
meanings unless the context indicates a different meaning or 2382
intent: 2383

       (A) "Cost of attendance" means all costs of a student 2384
incurred in connection with a program of study at an eligible 2385
institution, as determined by the institution, including tuition; 2386
instructional fees; room and board; books, computers, and 2387
supplies; and other related fees, charges, and expenses. 2388

       (B) "Eligible institution" means one of the following: 2389

       (1) A state-assisted post-secondary educational institution 2390
within the state; 2391

       (2) A nonprofit institution of higher education within the 2392
state that holds a certificate of authorization ~~from the Ohio~~ 2393
~~board of regents pursuant to~~issued under Chapter 1713. of the 2394
Revised Code, that is accredited by the appropriate regional and, 2395
when appropriate, professional accrediting associations within 2396
whose jurisdiction it falls, is authorized to grant a bachelor's 2397
degree or higher, and satisfies other conditions as set forth in 2398
the policy guidelines; 2399

       (3) A private institution exempt from regulation under 2400
Chapter 3332. of the Revised Code as prescribed in section 2401
3333.046 of the Revised Code. 2402

       (C) "Eligible student" means either of the following: 2403

       (1) An undergraduate student who meets all of the following: 2404

       (a) Is a resident of this state; 2405

       (b) Has graduated from any Ohio secondary school for which 2406
the state board of education prescribes minimum standards in 2407
accordance with section 3301.07 of the Revised Code; 2408

       (c) Is attending and in good standing, or has been accepted 2409
for attendance, at any eligible institution as a full-time student 2410
to pursue a bachelor's degree. 2411

       (2) A graduate student who is a resident of this state, and 2412
is attending and in good standing, or has been accepted for 2413
attendance, at any eligible institution. 2414

       (D) "Fellowship" or "fellowship program" means the Ohio 2415
priority needs fellowship created by sections 3333.37 to 3333.375 2416
of the Revised Code. 2417

       (E) "Full-time student" has the meaning as defined by rule of 2418
the chancellor of the Ohio board of regents. 2419

       (F) "Ohio outstanding scholar" means a student who is the 2420
recipient of a scholarship under sections 3333.37 to 3333.375 of 2421
the Revised Code. 2422

       (G) "Policy guidelines" means the rules adopted by the ~~Ohio~~ 2423
~~board of regents~~chancellor pursuant to section 3333.374 of the 2424
Revised Code. 2425

       (H) "Priority needs fellow" means a student who is the 2426
recipient of a fellowship under sections 3333.37 to 3333.375 of 2427
the Revised Code. 2428

       (I) "Priority needs field of study" means those academic 2429
majors and disciplines as determined by the ~~Ohio board of regents~~ 2430
chancellor that support the purposes and intent of sections 2431
3333.37 to 3333.375 of the Revised Code as described in section 2432
3333.371 of the Revised Code. 2433

       (J) "Scholarship" or "scholarship program" means the Ohio 2434
outstanding scholarship created by sections 3333.37 to 3333.375 of 2435
the Revised Code. 2436

       Sec. 3333.372. (A) There isare hereby authorized the "Ohio 2437
outstanding scholarship" and the "Ohio priority needs fellowship" 2438
programs, which shall be established and administered by the 2439
chancellor of the Ohio board of regents for eligible students. The 2440
programs shall provide scholarships to eligible undergraduate 2441
students and fellowships to eligible graduate students, equal to 2442
the annual cost of attendance at eligible institutions, to pursue 2443
baccalaureate degrees and post-baccalaureate degrees in priority 2444
needs field of study consistent with section 3333.371 of the 2445
Revised Code. 2446

       (B) The scholarship and fellowship programs created under 2447
sections 3333.37 to 3333.375 of the Revised Code and any necessary 2448
administrative expenses shall be funded solely from the Ohio 2449
outstanding scholarship and the Ohio priority needs fellowship 2450
programs payment funds established pursuant to section 3333.375 of 2451
the Revised Code. 2452

       (C) The scholarships shall be renewable for each of three 2453
additional years for undergraduate study, and the fellowships 2454
shall be renewable for each of two additional years for graduate 2455
study, provided the Ohio outstanding scholar or priority needs 2456
fellow remains an eligible student at an eligible institution. 2457

       Sec. 3333.373. (A) The ~~board of regents shall establish the~~ 2458
scholarship rules advisory committee~~, which~~is hereby established. 2459
The committee shall consist of the chancellor of the Ohio board of 2460
regents or the chancellor's designee, the treasurer of state or 2461
the treasurer of state's designee, the director of development or 2462
the director's designee, one state senator appointed by the 2463
president of the senate, one state representative appointed by the 2464
speaker of the house of representatives, and two public members 2465
appointed by the chancellor representing the interests of the 2466
state-assisted eligible institutions and private nonprofit 2467
eligible institutions, respectively. 2468

       (B) The committee~~, within one hundred twenty days after June~~ 2469
~~8, 2000,~~ shall provide recommendations to the ~~Ohio board of~~ 2470
~~regents~~chancellor as to rules, criteria, and guidelines necessary 2471
and appropriate to implement the scholarship and fellowship 2472
programs created by sections 3333.37 to 3333.375 of the Revised 2473
Code. 2474

       (C) The committee shall meet at least annually to review the 2475
scholarship and fellowship programs guidelines; make 2476
recommendations to amend, rescind, or modify the policy 2477
guidelines; and approve scholarship and fellowship awards to 2478
eligible students. 2479

       (D) Sections 101.82 to 101.87 of the Revised Code do not 2480
apply to this section. 2481

       Sec. 3333.374. (A) After receipt of recommendations from the 2482
scholarship rules advisory committee or if no recommendations are 2483
received, the chancellor of the Ohio board of regents, ~~not later~~ 2484
~~than one hundred eighty days after the effective date of this~~ 2485
~~section and~~ with the approval of the treasurer of state, shall 2486
adopt rules, in accordance with Chapter 119. of the Revised Code, 2487
establishing ~~such~~ policy guidelines ~~as the board considers~~ 2488
~~necessary and appropriate to provide~~ for the implementation of the 2489
scholarship and fellowship programs. 2490

       (B) Nothing in this section or section 3333.373 of the 2491
Revised Code shall prevent the ~~board~~chancellor, with the approval 2492
of the treasurer of state, from amending or rescinding rules 2493
adopted pursuant to division (A) of this section, or from adopting 2494
new rules, in accordance with Chapter 119. of the Revised Code, 2495
from time to time as are necessary to further the purposes of 2496
sections 3333.37 to 3333.375 of the Revised Code. 2497

       Sec. 3333.375. (A)(1) There isare hereby created the Ohio 2498
outstanding scholarship and the Ohio priority needs fellowship 2499
programs payment funds, which shall be in the custody of the 2500
treasurer of state, but shall not be a part of the state treasury. 2501

       (2) The payment funds shall consist solely of all moneys 2502
returned to the treasurer of state, as issuer of certain 2503
tax-exempt student loan revenue bonds, from all indentures of 2504
trust, both presently existing and future, created as a result of 2505
tax-exempt student loan revenue bonds issued under Chapter 3366. 2506
of the Revised Code, and any moneys earned from allowable 2507
investments of the payment funds under division (B) of this 2508
section. 2509

       (3) The payment funds shall be used solely for scholarship 2510
and fellowships awarded under sections 3333.37 to 3333.375 of the 2511
Revised Code by the chancellor of the Ohio board of regents and 2512
for any necessary administrative expenses incurred by the ~~board~~ 2513
chancellor in administering the scholarship and fellowship 2514
programs. 2515

       (B) The treasurer of state may invest any moneys in the 2516
payment funds not currently needed for scholarship and fellowship 2517
payments in any kind of investments in which moneys of the public 2518
employees retirement system may be invested under Chapter 145. of 2519
the Revised Code. 2520

       (C)(1) The instruments of title of all investments shall be 2521
delivered to the treasurer of state or to a qualified trustee 2522
designated by the treasurer of state as provided in section 135.18 2523
of the Revised Code. 2524

       (2) The treasurer of state shall collect both principal and 2525
investment earnings on all investments as they become due and pay 2526
them into the payment funds. 2527

       (3) All deposits to the payment funds shall be made in public 2528
depositories of this state and secured as provided in section 2529
135.18 of the Revised Code. 2530

       (D) On or before March 1, 2001, and on or before the first 2531
day of March in each subsequent year, the treasurer of state shall 2532
provide to the chancellor of the Ohio board of regents a statement 2533
indicating the moneys in the Ohio outstanding scholarship and the 2534
Ohio priority needs fellowship programs payment funds that are 2535
available for the upcoming academic year to award scholarships and 2536
fellowships under sections 3333.37 to 3333.375 of the Revised 2537
Code. 2538

       Sec. 3333.38. (A) As used in this section: 2539

       (1) "Institution of higher education" includes all of the 2540
following: 2541

       (a) A state institution of higher education, as defined in 2542
section 3345.011 of the Revised Code; 2543

       (b) A nonprofit institution issued a certificate of 2544
authorization ~~by the Ohio board of regents~~ under Chapter 1713. of 2545
the Revised Code; 2546

       (c) A private institution exempt from regulation under 2547
Chapter 3332. of the Revised Code, as prescribed in section 2548
3333.046 of the Revised Code; 2549

       (d) An institution of higher education with a certificate of 2550
registration from the state board of career colleges and schools 2551
under Chapter 3332. of the Revised Code. 2552

       (2) "Student financial assistance supported by state funds" 2553
includes assistance granted under sections 3315.33, 3333.12, 2554
3333.122, 3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, 2555
5910.03, 5910.032, and 5919.34 of the Revised Code and any other 2556
post-secondary student financial assistance supported by state 2557
funds. 2558

       (B) An individual who is convicted of, pleads guilty to, or 2559
is adjudicated a delinquent child for one of the following 2560
violations shall be ineligible to receive any student financial 2561
assistance supported by state funds at an institution of higher 2562
education for two calendar years from the time the individual 2563
applies for assistance of that nature: 2564

       (1) A violation of section 2917.02 or 2917.03 of the Revised 2565
Code; 2566

       (2) A violation of section 2917.04 of the Revised Code that 2567
is a misdemeanor of the fourth degree; 2568

       (3) A violation of section 2917.13 of the Revised Code that 2569
is a misdemeanor of the fourth or first degree and occurs within 2570
the proximate area where four or more others are acting in a 2571
course of conduct in violation of section 2917.11 of the Revised 2572
Code. 2573

       (C) If an individual is convicted of, pleads guilty to, or is 2574
adjudicated a delinquent child for committing a violation of 2575
section 2917.02 or 2917.03 of the Revised Code, and if the 2576
individual is enrolled in a state-supported institution of higher 2577
education, the institution in which the individual is enrolled 2578
shall immediately dismiss the individual. No state-supported 2579
institution of higher education shall admit an individual of that 2580
nature for one academic year after the individual applies for 2581
admission to a state-supported institution of higher education. 2582
This division does not limit or affect the ability of a 2583
state-supported institution of higher education to suspend or 2584
otherwise discipline its students. 2585

       Section 2. That existing sections 3333.01, 3333.02, 2586
3333.021, 3333.03, 3333.04, 3333.041, 3333.042, 3333.043, 2587
3333.044, 3333.045, 3333.046, 3333.047, 3333.05, 3333.06, 3333.07, 2588
3333.071, 3333.072, 3333.08, 3333.09, 3333.10, 3333.11, 3333.12, 2589
3333.121, 3333.122, 3333.123, 3333.13, 3333.14, 3333.15, 3333.16, 2590
3333.161, 3333.162, 3333.163, 3333.17, 3333.18, 3333.19, 3333.20, 2591
3333.21, 3333.22, 3333.23, 3333.25, 3333.26, 3333.27, 3333.28, 2592
3333.29, 3333.31, 3333.33, 3333.34, 3333.35, 3333.36, 3333.37, 2593
3333.372, 3333.373, 3333.374, 3333.375, and 3333.38 of the Revised 2594
Code are hereby repealed. 2595

       Section 3. (A) On and after the effective date of this 2596
section: 2597

       (1) The Ohio Board of Regents, as established by section 2598
3333.01 of the Revised Code, shall be an advisory board charged 2599
with the duty to advise the Chancellor of the Ohio Board of 2600
Regents in carrying out the Chancellor's duties. 2601

       (2) The Chancellor of the Ohio Board of Regents shall have 2602
the powers and duties formerly prescribed as powers and duties of 2603
the Ohio Board of Regents and any other powers and duties granted 2604
to the Chancellor by law enacted after the effective date of this 2605
section. 2606

       (3) The Chancellor of the Ohio Board of Regents is thereupon 2607
and thereafter successor to, assumes the obligations of, and 2608
otherwise constitutes the continuation of the Ohio Board of 2609
Regents. 2610

       (4) Any business commenced but not completed by the Ohio 2611
Board of Regents shall be completed by the Chancellor of the Ohio 2612
Board of Regents in the same manner, and with the same effect, as 2613
if completed by the Board. No validation, cure, right, privilege, 2614
remedy, obligation, or liability is lost or impaired by reason of 2615
the change in powers and duties prescribed in the provisions 2616
amended and enacted in Sections 1 and 2 of this act. 2617

       (5) All of the rules of the Ohio Board of Regents continue in 2618
effect as rules of the Chancellor of the Ohio Board of Regents, 2619
until amended or rescinded by the Chancellor. 2620

       (6) Except as otherwise specified in section 3333.031 of the 2621
Revised Code or another provision of law on point enacted after 2622
the effective date of this section, when the Ohio Board of Regents 2623
is referred to in any statute, rule, contract, grant, or other 2624
document, the reference shall be construed to refer to the 2625
Chancellor of the Ohio Board of Regents. 2626

       (B) No judicial or administrative action or proceeding in 2627
which the Ohio Board of Regents is a party that is pending on the 2628
effective date of this section, is affected by the change in 2629
powers and duties prescribed in the provisions amended and enacted 2630
in Sections 1 and 2 of this act. Such action or proceeding shall 2631
be prosecuted or defended in the name of the Chancellor of the 2632
Ohio Board of Regents. On application to the court or other 2633
tribunal, the Chancellor of the Ohio Board of Regents shall be 2634
substituted for the Ohio Board of Regents as a party to such 2635
action or proceeding. 2636

       (C) As prescribed in division (C) of section 3333.03 of the 2637
Revised Code, professional, administrative, and clerical employees 2638
and staff of the Ohio Board of Regents remain subject to the 2639
appointment by and continue to serve at the pleasure of the 2640
Chancellor of the Ohio Board of Regents. 2641

       (D) On the effective date of this section, all books, 2642
records, documents, files, transcripts, equipment, furniture, 2643
supplies and other materials assigned to or in the possession of 2644
the Ohio Board of Regents shall be transferred to the Chancellor 2645
of the Ohio Board of Regents. 2646

       Section 4. Not later than September 28, 2007, the Chancellor 2647
of the Ohio Board of Regents shall report to the General Assembly, 2648
in accordance with division (B) of section 101.68 of the Revised 2649
Code, and to the Governor, recommendations to accomplish the 2650
following: 2651

        (A) Make college more affordable and accessible for all 2652
Ohioans; 2653

        (B) Encourage Ohio graduates to remain in Ohio after earning 2654
their degrees; 2655

        (C) Maximize higher education as a driver of the state's 2656
economy. 2657

        The report also shall include a plan as to how to 2658
appropriately utilize the Board of Regents to enhance higher 2659
education in Ohio. 2660

       Section 5. Within thirty days after the effective date of 2661
this section, the Governor shall appoint the Chancellor of the 2662
Ohio Board of Regents in accordance with section 3333.03 of the 2663
Revised Code, as amended by this act. The Chancellor in office on 2664
the effective date of this section shall remain in office and, 2665
notwithstanding anything in that section to the contrary, shall 2666
exercise all powers prescribed by law on and after the effective 2667
date of this section until the Senate consents to the Governor's 2668
appointment. The date on which the Senate consents to the 2669
Governor's appointment shall be the first day of the five-year 2670
term specified for the Chancellor under division (B) of section 2671
3333.03 of the Revised Code, as amended by this act. 2672

       Section 6. This act is hereby declared to be an emergency 2673
measure necessary for the immediate preservation of the public 2674
peace, health, and safety. The reason for such necessity is that 2675
higher education needs heightened attention and accountability to 2676
improve the quality of Ohio's workforce and secure a strong 2677
economic future for the state. Therefore, this act shall go into 2678
immediate effect. 2679

Section 1. That sections 3333.01, 3333.02, 3333.021,	21
3333.03, 3333.04, 3333.041, 3333.042, 3333.043, 3333.044,	22
3333.045, 3333.046, 3333.047, 3333.05, 3333.06, 3333.07, 3333.071,	23
3333.072, 3333.08, 3333.09, 3333.10, 3333.11, 3333.12, 3333.121,	24
3333.122, 3333.123, 3333.13, 3333.14, 3333.15, 3333.16, 3333.161,	25
3333.162, 3333.163, 3333.17, 3333.18, 3333.19, 3333.20, 3333.21,	26
3333.22, 3333.23, 3333.25, 3333.26, 3333.27, 3333.28, 3333.29,	27
3333.31, 3333.33, 3333.34, 3333.35, 3333.36, 3333.37, 3333.372,	28
3333.373, 3333.374, 3333.375, and 3333.38 be amended and sections	29
3333.031 and 3333.032 of the Revised Code be enacted to read as	30
follows:	31

Sec. 3333.01. (A) There is hereby created the Ohio board of	32
regents ~~consisting~~as an advisory board to the chancellor	33
appointed under section 3333.03 of the Revised Code. The board	34
shall consist of nine members to be appointed by the governor with	35
the advice and consent of the senate. The members shall be	36
residents of this state who possess an interest in and knowledge	37
of higher education. No member shall be a trustee, officer, or	38
employee of any Ohio public or private college or university while	39
serving as a member of the board. In addition to the members	40
appointed by the governor, the ~~chairman~~chairperson of the	41
education committee of the senate and the ~~chairman~~chairperson of	42
the education committee of the house of representatives shall,	43
after January 1, 1967, be ex officio members of the board without	44
a vote.	45

~~Terms~~(B) Prior to September 20, 2008, terms of office shall	46
be for nine years, commencing on the twenty-first day of September	47
and ending on the twentieth day of September. ~~Each~~	48

(C) Beginning on September 20, 2008, the terms of office for	49
the members of the board of regents shall be as follows:	50

(1) The terms of office of the three members whose terms	51
under division (B) of this section are scheduled to expire on	52
September 20, 2008, shall expire on September 20, 2008. The	53
governor, with the advice and consent of the senate, shall appoint	54
successors for terms beginning on September 21, 2008, and ending	55
on September 20, 2014.	56

(2) Notwithstanding division (B) of this section, the terms	57
of office of the three members whose terms under division (B) of	58
this section otherwise are scheduled to expire on September 20,	59
2011, shall expire on September 20, 2010. The governor, with the	60
advice and consent of the senate, shall appoint successors for	61
terms beginning on September 21, 2010, and ending on September 20,	62
2016.	63

(3) Notwithstanding division (B) of this section, the terms	64
of office of the three members whose terms under division (B) of	65
this section otherwise are scheduled to expire on September 20,	66
2014, shall expire on September 20, 2012. The governor, with the	67
advice and consent of the senate, shall appoint successors for	68
terms beginning on September 21, 2012, and ending on September 20,	69
2018.	70

Thereafter, the terms of office of all subsequent members of	71
the board of regents shall be for six years beginning on the	72
twenty-first day of September and ending on the twentieth day of	73
September.	74

(D) Except as provided in division (C) of this section, each	75
member shall hold office from the date of ~~his~~ appointment until	76
the end of the term for which hethe member was appointed. Any	77
member appointed to fill a vacancy occurring prior to the	78
expiration of the term for which ~~his~~the member's predecessor was	79
appointed shall hold office for the remainder of such term. Any	80
member shall continue in office subsequent to the expiration date	81
of ~~his~~the member's term until ~~his~~a successor takes office, or	82
until a period of sixty days has elapsed, whichever occurs first.	83

No person who has served a full nine-year term under division	84
(B) of this section or two full six-year terms under division (C)	85
of this section shall be eligible for reappointment.	86

(E) Board members shall serve without compensation, but shall	87
be reimbursed for necessary expenses incurred in the conduct of	88
board business.	89

Sec. 3333.02. The Ohio board of regents shall hold its first	90
meeting at the call of the governor, within three months after all	91
members have been appointed and qualified. Meetings thereafter	92
shall be called in such manner and at such times as prescribed by	93
~~rules~~standards adopted by the board, but the board shall meet at	94
least ~~four times annually~~quarterly. A majority of the board	95
constitutes a quorum. At its first meeting, the board shall	96
organize by selecting a chairperson, a vice-chairperson, and a	97
secretary, and such other officers as it deems necessary. The	98
board shall adopt ~~rules~~standards for the conduct of its business,	99
and to provide for the term and election of officers, and shall	100
establish an office in Columbus. The ~~rules~~standards shall permit	101
the formation of a quorum and the taking of votes at meetings	102
conducted by interactive video teleconference if provisions are	103
made for public attendance at any location involved in such a	104
teleconference.	105

A record shall be kept of board proceedings, which shall be	106
open for public inspection. The board shall adopt a seal to be	107
affixed to official documents. Each member of the board, before	108
entering on official duties and after qualifying for office, shall	109
take and subscribe to an oath of office, to uphold the	110
constitution and laws of the United States and this state, and to	111
perform the duties of office honestly, faithfully, and	112
impartially.	113

Sec. 3333.021. As used in this section, "university" means	114
any college or university that receives a state appropriation.	115

(A) This division does not apply to proposed rules,	116
amendments, or rescissions subject to review under division (I) of	117
section 119.03 of the Revised Code. No action taken by the	118
chancellor of the Ohio board of regents that could reasonably be	119
expected to have an effect on the revenue or expenditures of any	120
university shall take effect unless at least two weeks prior to	121
the date on which the action is taken, the ~~board~~chancellor has	122
filed with the speaker of the house of representatives, the	123
president of the senate, the legislative budget office of the	124
legislative service commission, and the director of budget and	125
management a fiscal analysis of the proposed action. The analysis	126
shall include an estimate of the amount by which, during the	127
current and ensuing fiscal biennium, the action would increase or	128
decrease the university's revenues or expenditures and increase or	129
decrease any state expenditures and any other information the	130
~~board~~chancellor considers necessary to explain the action's	131
fiscal effect.	132

(B) Within three days of the date the ~~board of regents~~	133
chancellor files with the clerk of the senate a proposed rule,	134
amendment, or rescission that is subject to review and	135
invalidation under division (I) of section 119.03 of the Revised	136
Code, itthe chancellor shall file with the speaker of the house,	137
the president of the senate, the legislative budget office of the	138
legislative service commission, and the director of budget and	139
management a fiscal analysis of the proposed rule. The analysis	140
shall include an estimate of the amount by which, during the	141
current and ensuing fiscal biennium, the action would increase or	142
decrease any university's revenues or expenditures and increase or	143
decrease state revenues or expenditures and any other information	144
the ~~board~~chancellor considers necessary to explain the fiscal	145
effect of the rule, amendment, or rescission. No rule, amendment,	146
or rescission shall take effect unless the ~~board~~chancellor has	147
complied with this division.	148

Sec. 3333.03. (A) The ~~Ohio board of regents~~governor, with	149
the advice and consent of the senate, shall appoint athe	150
chancellor ~~to serve at its pleasure and~~of the Ohio board of	151
regents. The governor may remove the chancellor in accordance with	152
section 3.04 of the Revised Code, except that the removal shall	153
not require the advice and consent of the senate. The governor	154
shall prescribe the chancellor's duties in addition to the	155
chancellor's duties prescribed by law. In no case shall the	156
chancellor assume any duties prescribed by the governor or law	157
until the senate has consented to the chancellor's appointment.	158
The ~~board~~governor shall fix the compensation for the chancellor.	159
The chancellor shall be a member of the governor's cabinet.	160

(B) The term of office of the chancellor shall be five years.	161
Any person appointed chancellor to fill a vacancy occurring prior	162
to the expiration of the term for which the predecessor was	163
appointed shall hold office for the remainder of that term. Any	164
vacancy in the office shall be filled within sixty days after the	165
vacancy occurs. Each chancellor shall continue in office	166
subsequent to the expiration date of the term for which the	167
chancellor was appointed until a successor takes office, or until	168
a period of sixty days has elapsed, whichever occurs first. The	169
chancellor may be reappointed.	170

(C) The chancellor ~~is the administrative officer of the~~	171
~~board, and~~ is responsible for appointing and fixing the	172
compensation of all professional, administrative, and clerical	173
employees and staff members necessary to assist ~~the board and the~~	174
~~chancellor~~ in the performance of ~~their~~the chancellor's duties.	175
All employees and staff shall serve at the chancellor's pleasure.	176

(D) The chancellor shall be a person qualified by training	177
and experience to understand the problems and needs of the state	178
in the field of higher education and to devise programs, plans,	179
and methods of solving the problems and meeting the needs.	180

~~(C)~~(E) Neither the chancellor nor any staff member or	181
employee of the ~~board~~chancellor shall be a trustee, officer, or	182
employee of any public or private college or university while	183
serving ~~on the board~~as chancellor, staff member, or employee.	184

Sec. 3333.031. Whenever the term "Ohio board of regents" is	185
used, referred to, or designated in any statute, rule, contract,	186
grant, or other document, the use, reference, or designation shall	187
be construed to mean the "chancellor of the Ohio board of	188
regents," except in sections 3333.01, 3333.011, 3333.02, and	189
3333.032 of the Revised Code or unless the use, reference, or	190
designation of the term "Ohio board of regents" relates to the	191
board's duties to give advice to the chancellor of the Ohio board	192
of regents or unless another section of law expressly provides	193
otherwise.	194

Sec. 3333.032. The Ohio board of regents shall submit to the	195
general assembly, in accordance with division (B) of section	196
101.68 of the Revised Code, and to the governor, an annual report	197
on the condition of higher education in this state, including the	198
performance of the chancellor of the board.	199

Sec. 3333.04. The chancellor of the Ohio board of regents	200
shall:	201

(A) Make studies of state policy in the field of higher	202
education and formulate a master plan for higher education for the	203
state, considering the needs of the people, the needs of the	204
state, and the role of individual public and private institutions	205
within the state in fulfilling these needs;	206

(B)(1) Report annually to the governor and the general	207
assembly on the findings from ~~its~~the chancellor's studies and the	208
master plan for higher education for the state;	209

(2) Report at least semiannually to the general assembly and	210
the governor the enrollment numbers at each state-assisted	211
institution of higher education.	212

(C) Approve or disapprove the establishment of new branches	213
or academic centers of state colleges and universities;	214

(D) Approve or disapprove the establishment of state	215
technical colleges or any other state institution of higher	216
education;	217

(E) Recommend the nature of the programs, undergraduate,	218
graduate, professional, state-financed research, and public	219
services which should be offered by the state colleges,	220
universities, and other state-assisted institutions of higher	221
education in order to utilize to the best advantage their	222
facilities and personnel;	223